reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-6 - Powers of city representatives--Meetings--Quorum.

9-41A-6. Powers of city representatives--Meetings--Quorum.
Except as otherwise provided in the agency agreement or the bylaws, the duly authorized representatives of each member first or second class municipality shall act as, and vote on behalf of, the municipality. An alternate representative may be appointed by a member municipality and, in the absence of the representative, may act as, and vote on behalf of, the municipality except where the agency agreement or bylaws provide otherwise, representatives of the member municipalities shall hold at least one meeting each year for the election of directors and for the transaction of any other business. Unless the agency agreement or bylaws prescribe otherwise, special meetings of the representatives may be called for any purpose upon written request to the president or secretary to call the meeting. The officer shall give notice of the meeting to be held between three and sixty days after receipt of the request. Unless the agency agreement or bylaws provide for a different percentage, a quorum for a meeting of the representatives of the member municipalities is a majority of the total representatives.
Source:
SL 1978, ch 66, §10; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-7 - Expenses of formation of agency--City representatives' expenses.

9-41A-7. Expenses of formation of agency--City representatives' expenses.
Each member first or second class municipality may appropriate money for the payment of expenses of the formation of the municipal power agency and of its representative in exercising its functions as a member of the agency.
Source:
SL 1978, ch 66, §12; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-8 - Amendment of agency agreement--Ratification and filing.

9-41A-8. Amendment of agency agreement--Ratification and filing.
The agency agreement may be amended as proposed at any meeting of the representatives of the members for which notice, stating the purpose, shall be given to each representative and, unless the agency agreement or bylaws require otherwise, shall become effective when ratified by resolutions of a majority of the governing bodies of the member first or second class municipalities. Each amendment and the resolutions approving it shall be filed for record with the secretary of state.
Source:
SL 1978, ch 66, §11; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-9 - Initial meeting of directors.

9-41A-9. Initial meeting of directors.
After commencement of existence, the first meeting of the board of directors shall be held at the call of the directors, after notice, for the purpose of adopting the initial bylaws, electing officers, and for any other business that comes before the meeting.
Source:
SL 1978, ch 66, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-10 - Adoption of bylaws--Contents.

9-41A-10. Adoption of bylaws--Contents.
The bylaws of the municipal power agency, and any amendments thereto, shall be proposed by the board of directors and shall be adopted by the representatives of the member first and second class municipalities, at a meeting held after notice. Subject to the provisions of the agency agreement, the bylaws shall state:
(1)The qualifications of member first and second class municipalities, and limitations upon their number;
(2)Conditions of membership;
(3)Manner and time of calling regular meetings of representatives of member first and second class municipalities;
(4)Manner and conditions of termination of membership; and
(5)Other provisions for regulating the affairs of the municipal power agency as the representatives of the member first and second class municipalities shall determine to be necessary.
Source:
SL 1978, ch 66, §6; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-11 - Registered office of agency--Change of location.

9-41A-11. Registered office of agency--Change of location.
Every municipal power agency shall maintain an office in this state to be known as its registered office. When a municipal power agency desires to change the location of its registered office, it shall file with the secretary of state a certificate of change of location of the registered office, stating the new location by municipality, or other community and the effective date of change. If the certificate of change of location has been duly filed, the board of directors may make the change without any further action.
Source:
SL 1978, ch 66, §7; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-12 - Composition and powers of board of directors--Terms of office--Filling of vacancies.

9-41A-12. Composition and powers of board of directors--Terms of office--Filling of vacancies.
The agency agreement or the bylaws may prescribe the number, term of office, powers, authority, and duties of directors, the time and place of their meetings, and other regulations concerning directors. Unless the agency agreement or bylaws prescribe otherwise, the term of office of a director shall be for one year. Each director shall hold office for the term for which he has been selected and until a qualified successor has been selected. Unless the agency agreement or bylaws prescribe otherwise, any vacancy occurring on the board shall be filled by a person nominated by the remaining members of the board and elected by a majority of representatives of the member first or second class municipalities.
Source:
SL 1978, ch 66, §8; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-13 - Meetings of directors--Quorum.

9-41A-13. Meetings of directors--Quorum.
Unless the agency agreement or bylaws prescribe otherwise, a meeting of the board of directors may be held at any place, within or without the state, designated by the board, after notice, and an act of the majority of the directors present at a meeting at which a quorum is present is the act of the board. Unless the agency agreement or bylaws provide for a different percentage, a quorum for meetings of the board of directors is a majority of the membership of the board.
Source:
SL 1978, ch 66, §§8, 10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-14 - Appointment of officers of agency--Removal--Powers and duties.

9-41A-14. Appointment of officers of agency--Removal--Powers and duties.
Unless the agency agreement or bylaws prescribe otherwise, the board of directors shall appoint a president from its membership, and a secretary and treasurer, and any other officers or agents deemed to be necessary, who may be representatives or directors. An officer may be removed with or without cause by the board of directors. Officers of the municipal power agency shall have the authority and duties in the management of the business of the municipal power agency that the agency agreement or bylaws prescribe, or, in the absence of such prescription, as the board of directors determines.
Source:
SL 1978, ch 66, §9.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-15 - Employee unions and collective bargaining.

9-41A-15. Employee unions and collective bargaining.
Employees of a municipal power agency shall be public employees within the meaning of §3-18-1, and the provisions of chapter 3-18 shall apply to a municipal power agency.
Source:
SL 1978, ch 66, §51.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-16 - Indemnity of officers and employees for official acts--Liability insurance for protection.

9-41A-16. Indemnity of officers and employees for official acts--Liability insurance for protection.
A municipal power agency may indemnify any director, officer, employee, or agent of the municipal power agency, in connection with any threatened, pending, or completed action, suit, or proceeding, arising out of an act or omission occurring within the scope of the employment or exercise of duty by such director, officer, employee or agent as provided in §3-19-1. The municipal power agency may also procure insurance against any such liability of a director, officer, employee, or agent in such amount as the board of directors of the agency may determine to be necessary or desirable, without regard to the indemnity limit set forth in §3-19-2.
Source:
SL 1978, ch 66, §43.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-17 - Powers exercised by directors--Good faith required.

9-41A-17. Powers exercised by directors--Good faith required.
All powers of the municipal power agency shall be exercised by its board of directors, unless otherwise provided by the agency agreement or bylaws. Directors shall discharge their duties in good faith.
Source:
SL 1978, ch 66, §§8, 13.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-18 - Action through agents or by contract.

9-41A-18. Action through agents or by contract.
A municipal power agency may perform any act authorized by sections of this chapter through or by means of its officers, agents, or employees or by contract with any person.
Source:
SL 1978, ch 66, §18.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-19 - Acquisition, maintenance, and improvement of projects--Agency.

9-41A-19. Acquisition, maintenance, and improvement of projects--Agency.
A municipal power agency may plan, acquire, construct, reconstruct, operate, maintain, repair, extend, or improve one or more projects within or outside the state; or acquire any interest in or any right to capacity of a project and may act as agent, or designate one or more of the other persons participating in a project to act as its agent, in connection with the planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, or improvement of the project.
Source:
SL 1978, ch 66, §14.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-20 - Investigation, surveys, and estimates of additional sources of energy.

9-41A-20. Investigation, surveys, and estimates of additional sources of energy.
A municipal power agency may investigate the desirability of and necessity for additional sources and supplies of electric energy, and make studies, surveys, and estimates as may be necessary to determine the feasibility and cost thereof.
Source:
SL 1978, ch 66, §30.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-21 - Cooperation with others in development of energy sources.

9-41A-21. Cooperation with others in development of energy sources.
A municipal power agency may cooperate with other persons in the development of sources and supplies of electric energy.
Source:
SL 1978, ch 66, §16.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-22 - Applications to regulatory agencies--Compliance with requirements.

9-41A-22. Applications to regulatory agencies--Compliance with requirements.
A municipal power agency may apply to any public agency for consents, authorizations, or approvals required for any project within its powers and take all actions necessary to comply with the conditions thereof.
Source:
SL 1978, ch 66, §17.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-23 - Determination of location and character of projects.

9-41A-23. Determination of location and character of projects.
A municipal power agency may determine the location and character of, and all other matters in connection with, any and all projects it is authorized to acquire, hold, establish, effectuate, operate, or control.
Source:
SL 1978, ch 66, §26.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-24 - Contracts for project construction and sale of energy.

9-41A-24. Contracts for project construction and sale of energy.
A municipal power agency may contract with any person, within or outside the state, for the construction of any project or for the sale or transmission of electric energy generated by any project, or for any interest therein or any right to capacity thereof, on such terms and for such period of time as its board of directors determines.
Source:
SL 1978, ch 66, §27.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-25 - Purchase, sale, and transmission of electric energy--Agreements.

9-41A-25. Purchase, sale, and transmission of electric energy--Agreements.
A municipal power agency may purchase, sell, exchange, or transmit electric energy within and outside the state in amounts it shall determine to be necessary and appropriate to make the most effective use of its powers and to meet its responsibilities, and may enter into agreements with any person with respect to that purchase, sale, exchange, or transmission, on terms and for a period of time as its board of directors determines.
Source:
SL 1978, ch 66, §28.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-27 - Acceptance of loans and grants--Compliance with conditions.

9-41A-27. Acceptance of loans and grants--Compliance with conditions.
A municipal power agency may contract for and accept any gifts or grants or loans of funds or property or financial or other aid in any form from any public agency or other person, and may comply, subject to the provisions of this chapter with the terms and conditions thereof.
Source:
SL 1978, ch 66, §30.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-28 - Borrowing power--Bonds and notes.

9-41A-28. Borrowing power--Bonds and notes.
A municipal power agency may borrow money and issue negotiable bonds or notes, secured or unsecured, in accordance with §§9-41A-38 to 9-41A-50, inclusive.
Source:
SL 1978, ch 66, §23.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-29 - Investment of funds.

9-41A-29. Investment of funds.
Subject to any agreement with bondholders or noteholders, a municipal power agency may invest money of the municipal power agency not required for immediate use, including proceeds from the sale of any bonds or notes, in obligations, securities, and other investments as the municipal power agency shall deem prudent.
Source:
SL 1978, ch 66, §24.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-31 - Powers over real property.

9-41A-31. Powers over real property.
A municipal power agency may acquire, own, use, lease as lessor or lessee, operate, and dispose of real property and interests in real property, and make improvements thereon.
Source:
SL 1978, ch 66, §21.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-32 - Power of eminent domain.

9-41A-32. Power of eminent domain.
A municipal power agency may exercise the power of eminent domain in accordance with §§9-41A-51 and 9-41A-52.
Source:
SL 1978, ch 66, §25.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-33 - Franchises and leases of facilities.

9-41A-33. Franchises and leases of facilities.
A municipal power agency may grant the use by franchise, lease, or otherwise, and make charges for the use of any property or facility owned or controlled by it.
Source:
SL 1978, ch 66, §22.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-34 - Encumbrance of property to secure obligations.

9-41A-34. Encumbrance of property to secure obligations.
A municipal power agency may mortgage, pledge, and grant a security interest in any or all of its real and personal property to secure the payment of its bonds, notes, or other obligations or contracts.
Source:
SL 1978, ch 66, §31.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-35 - Insurance against losses to property.

9-41A-35. Insurance against losses to property.
A municipal power agency may procure insurance against any losses in connection with its property, operations, or assets in such amounts and from such insurers as it deems desirable.
Source:
SL 1978, ch 66, §29.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-36 - Payments in lieu of property tax--Valuation of property.

9-41A-36. Payments in lieu of property tax--Valuation of property.
A municipal power agency shall pay to each taxing agency within whose taxing jurisdiction its property is situated, in lieu of taxes on its property, the amounts of the taxes which would be payable if its property were owned by a private person. For this purpose the property of a municipal power agency shall be valued in the same manner and by the same procedure as the property of private persons.
Source:
SL 1978, ch 66, §32.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-37 - Powers incidental to purposes of chapter.

9-41A-37. Powers incidental to purposes of chapter.
A municipal power agency may exercise all other powers reasonably necessary or appropriate for or incidental to the effectuation of its authorized purposes or to the exercise of any of the powers enumerated in §§9-41A-17 to 9-41A-37, inclusive, and generally may exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs.
Source:
SL 1978, ch 66, §33.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-38 - Bonds and notes authorized--Purposes.

9-41A-38. Bonds and notes authorized--Purposes.
A municipal power agency may from time to time issue its bonds or notes in such principal amounts as the municipal power agency shall deem necessary to provide sufficient funds to carry out any of its corporate purposes and powers, including but not limited to:
(1)The acquisition or construction of any project to be owned or leased by the municipal power agency, or the acquisition of any interest therein or any right to capacity thereof;
(2)The funding or refunding of the principal of, or interest or redemption premiums on, any bonds or notes issued by it whether or not the bonds or notes or interest to be funded or refunded have or have not become due;
(3)The establishment or increase of reserves to secure or to pay the bonds or notes or interest thereon; and
(4)The payment of all other costs or expenses of the municipal power agency incident to and necessary to carry out its corporate purposes and powers.
Source:
SL 1978, ch 66, §34.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-39 - Terms of bonds and notes.

9-41A-39. Terms of bonds and notes.
Bonds or notes of a municipal power agency shall be authorized by resolution of its board of directors and may be issued under the resolution or under a trust indenture or other security agreement, in one or more series, and shall:
(1)Bear such date or dates;
(2)Mature at such time or times;
(3)Bear interest at such rate or rates;
(4)Be in such denominations;
(5)Be in such form, either coupon or registered;
(6)Carry such conversion, registration, and exchange privileges;
(7)Have such rank or priority;
(8)Be executed in such manner;
(9)Be payable in such medium of payment at such place or places within or outside the state;
(10)Be subject to such terms of redemption with or without premium; and
(11)Contain or be subject to such other terms
as the resolution, trust indenture, or other security agreement may provide, and shall not be restricted by the provisions of any other law limiting the amounts, maturities, interest rates, or other terms of obligation of public agencies or private persons.
Source:
SL 1978, ch 66, §37.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-40 - Bonds and notes payable solely from agency revenues--State and first or second class municipalities not obligated.

9-41A-40. Bonds and notes payable solely from agency revenues--State and first or second class municipalities not obligated.
The principal of and interest upon any bonds or notes issued by a municipal power agency shall be payable solely from the revenues or funds pledged or available for their payment as authorized in this chapter. Each bond and note shall contain a statement that the principal thereof or interest thereon is payable solely from revenues or funds of the municipal power agency and that neither the state nor any political subdivision thereof, other than the municipal power agency, nor any first or second class municipality which is a member of the municipal power agency is obligated to pay the principal or interest and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof or of any such municipality is pledged to the payment of the principal of or the interest on the bonds or notes. Nothing herein precludes the use of tax or other revenue by a municipality for payment of amounts due and performance of covenants under any contract of the municipality as provided in §9-39-4.1.
Source:
SL 1978, ch 66, §45; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-41 - Agency funds pledged for security of bonds and notes.

9-41A-41. Agency funds pledged for security of bonds and notes.
Except as may be otherwise expressly provided by this chapter or by the municipal power agency, every issue of bonds or notes of the agency shall be payable out of any revenues or funds of the agency, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or funds. A municipal power agency may issue types of bonds or notes as it may determine, including bonds or notes as to which the principal and interest are payable exclusively from the revenues from one or more projects, or from an interest therein or a right to capacity thereof, or from one or more revenue producing contracts made by the municipal power agency with any person or persons, or from its revenues generally. Any bonds or notes may be additionally secured by a pledge of any grant, subsidy, or contribution from any public agency or other person, or a pledge of any income or revenues, funds, or moneys of the municipal power agency from any source whatsoever.
Source:
SL 1978, ch 66, §35.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-42 - State approval not required for bonds and notes--Establishment and pledge of rents and charges.

9-41A-42. State approval not required for bonds and notes--Establishment and pledge of rents and charges.
Bonds or notes of a municipal power agency may be issued under the provisions of this chapter, and rents, rates, and charges may be established pursuant to §9-41A-54 and pledged for the security of bonds or notes and interest and redemption premiums thereon, without obtaining the consent of any department, division, commission, board, bureau, or agency of the State of South Dakota and without any other proceeding or the happening of any other condition or occurrence except as specifically required by this chapter.
Source:
SL 1978, ch 66, §40.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-43 - Negotiability of bonds and notes.

9-41A-43. Negotiability of bonds and notes.
All bonds and notes of a municipal power agency shall be negotiable within the meaning and for all the purposes of the Uniform Commercial Code, subject only to any registration requirement.
Source:
SL 1978, ch 66, §36.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-44 - Continuing validity of officers' signatures on bonds and notes--Temporary bonds.

9-41A-44. Continuing validity of officers' signatures on bonds and notes--Temporary bonds.
Any bonds or notes may be issued and delivered, notwithstanding that one or more of the officers executing them shall have ceased to hold office at the time when the bonds or notes are actually delivered. Pending preparation of definitive bonds, a municipal power agency may issue temporary bonds which shall be exchanged for the definitive bonds.
Source:
SL 1978, ch 66, §38.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-45 - Sale of bonds and notes.

9-41A-45. Sale of bonds and notes.
Bonds or notes of a municipal power agency may be sold at public or private sale for a price and in a manner determined by the agency.
Source:
SL 1978, ch 66, §39.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-46 - Bonds and notes as legal investments for public, corporate and fiduciary funds.

9-41A-46. Bonds and notes as legal investments for public, corporate and fiduciary funds.
The State of South Dakota and all its public officers, governmental units, agencies and instrumentalities, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all personal representatives, conservators, trustees, and other fiduciaries, may legally invest any debt service funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to this chapter, and the bonds or notes shall be authorized security for any and all public deposits.
Source:
SL 1978, ch 66, §50; SL 1993, ch 213, §80.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-48 - Encumbrance of property to secure bonds and notes--Filings.

9-41A-48. Encumbrance of property to secure bonds and notes--Filings.
For the security of bonds or notes issued, or to be issued, by a municipal power agency, the municipal power agency may mortgage or execute deeds of trust of the whole or any part of its property and franchises in the same manner and with the same effect as provided for public utilities in §49-34-9. Any mortgage or deed of trust and any assignment or discharge thereof shall be filed and recorded in the Office of the Secretary of State with the same force and effect as provided in §§49-34-11 and 49-34-12. All filings required under the Uniform Commercial Code to perfect a security interest against the personal property or fixtures of a municipal power agency shall be made and maintained in the Office of the Secretary of State, with the same force and effect as provided in the case of a debtor public utility under the provisions of §§57A-9-403.1 to 57A-9-403.5, inclusive.
Source:
SL 1978, ch 66, §42.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-49 - Officers and members of agency not personally liable on bonds or notes.

9-41A-49. Officers and members of agency not personally liable on bonds or notes.
Neither the officials, the directors, nor the members of a municipal power agency nor any person executing bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.
Source:
SL 1978, ch 66, §43.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-50 - Repurchase of bonds and notes--Cancellation or resale.

9-41A-50. Repurchase of bonds and notes--Cancellation or resale.
A municipal power agency may purchase, out of any funds available therefor, bonds or notes, and to hold, pledge, cancel, or resell the bonds or notes, subject to and in accordance with any agreements with the holders.
Source:
SL 1978, ch 66, §44.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-51 - Condemnation under power of eminent domain--Continuing power.

9-41A-51. Condemnation under power of eminent domain--Continuing power.
Except as otherwise provided by §9-41A-52, a municipal power agency may acquire all real or personal property that it deems necessary for carrying out the purposes of this chapter, whether in fee simple absolute or a lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with chapter 21-35. The authority of a municipal power agency to acquire real or personal property by condemnation or the exercise of the power of eminent domain shall be a continuing power, and no exercise thereof shall exhaust it.
Source:
SL 1978, ch 66, §46.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-52 - Property already used for electric power not subject to condemnation.

9-41A-52. Property already used for electric power not subject to condemnation.
A municipal power agency shall have no power of eminent domain with respect to any real or personal property owned by any person as part of a system, whether existing, under construction, or being planned, of facilities for the generation, transmission, or distribution of electric power.
Source:
SL 1978, ch 66, §46.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-53 - Exemption from bidding and performance bond requirements applicable to public contracts.

9-41A-53. Exemption from bidding and performance bond requirements applicable to public contracts.
A municipal power agency may contract for planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, and improvement of generation and transmission facilities outside of the corporate limits of its members, or may contract with other public or private owners of these facilities to perform these functions, without advertising for bids, preparing final plans and specifications in advance of construction, or securing performance and payment bonds as required for other public contracts in §5-21-1, except to the extent that its governing body determines that these actions are desirable in furtherance of the purposes of this chapter. Except as otherwise provided by this section, no contract shall be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. If a bond is secured, no lien may be filed under chapter 44-9 for the furnishing of labor, skill, material, or machinery for the improvement covered thereby.
Source:
SL 1978, ch 66, §49.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-54 - Establishment of rates, charges and reserves.

9-41A-54. Establishment of rates, charges and reserves.
A municipal power agency may make and enforce bylaws or rules which it deems necessary or desirable, and may establish, levy, and collect or may authorize, by contract, franchise, lease, or otherwise, the establishment, levying, and collection of, rents, rates, and other charges for the services afforded by the municipal power agency or by or in connection with any project or properties which it may construct, erect, acquire, own, operate, or control, or with respect to which it may have any interest or any right to capacity thereof, and for the sale of electric energy or of generation or transmission capacity or service as it may deem necessary, proper, desirable, and reasonable. Rents, rates, and other charges shall be sufficient to meet the expenses thereof, including reasonable reserves, interest, and principal payments, including payments into one or more debt service funds for the retirement of principal.
Source:
SL 1978, ch 66, §47.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 41A - Municipal Power Agencies › Section 9-41A-55 - Pledge of revenues to bonds, notes and contractual obligations.

9-41A-55. Pledge of revenues to bonds, notes and contractual obligations.
A municipal power agency may pledge its rates, rents, and other revenues, or any part thereof, as security for the repayment, with interest and redemption premiums, if any, of the moneys borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owed by it under any contract.
Source:
SL 1978, ch 66, §47.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-1 - Definition of terms.

9-42-1. Definition of terms.
The words "local improvements" as used in this chapter shall mean and include all such public buildings, public works, and improvements or the repair thereof.
Source:
SDC 1939, §45.1501 as added by SL 1939, ch 189, §1; SL 1953, ch 260, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-2 - Approval required for use of municipal funds for private benefit or improvements outside corporate limits.

9-42-2. Approval required for use of municipal funds for private benefit or improvements outside corporate limits.
No claim against any municipality shall be allowed or paid for making improvements for the benefit of private individuals within the corporate limits nor in third class municipalities for grading, draining, or bridging outside of the corporate limits, without a majority vote of all the voters of the municipality.
Source:
PolC 1877, ch 24, §25; CL 1887, §1046; RPolC 1903, §1444; SL 1907, ch 1; RC 1919, §6346; SDC 1939, §45.1411; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-3 - Local improvements by day's work--Maximum cost--Engineer's estimate--Itemized statement of costs.

9-42-3. Local improvements by day's work--Maximum cost--Engineer's estimate--Itemized statement of costs.
Every municipality shall have power to provide for and regulate the construction of local improvements by day's pay in the cases provided by this title.
The governing body may direct any local improvement except local improvements for which special assessments are to be levied to be done by day's work if the reasonable cost thereof is not in excess of fifteen hundred dollars. An estimate of the cost thereof shall be prepared by the city engineer, if there be a city engineer, or by the governing body if there be no city engineer, and filed for public inspection in the city engineer's office or in the office of the governing body, at least five days before any such local improvement by day's work shall be directed.
Whenever any such improvement is done by day's work, upon the completion thereof the auditor shall prepare and file forthwith for public inspection in his office an itemized statement of the cost paid out or incurred in the construction of such improvement, verified by him.
Source:
SL 1921, ch 297; SL 1921, ch 305; SDC 1939, §§45.0201 (88), 45.1501; SL 1939, ch 189, §1; SL 1953, ch 260, §1; SL 1971, ch 68.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-4 - Plans and specifications for local improvements--Notice and advertising for bids.

9-42-4. Plans and specifications for local improvements--Notice and advertising for bids.
If any local improvement other than a sidewalk or bulkhead is ordered by the governing body, the governing body shall have plans and specifications prepared and filed in the office of the auditor or clerk. The governing body shall designate a time, not less than two weeks from the date of the filing, at which sealed bids for the construction of the improvement will be received.
The governing body shall publish notice in the official paper, or elsewhere if deemed advisable, in accordance with the provisions of chapters 5-18A and 5-18B. The notice shall specify whether the improvement shall be paid for in cash or by special assessment certificates and the rate of interest which the certificates shall bear.
Source:
SL 1909, ch 110; RC 1919, §6348; SDC 1939, §45.1502; SL 1972, ch 34, §3; SL 1979, ch 59, §1; SL 1983, ch 28, §22; SL 2011, ch 2, §117.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-5 - Construction and repair contracts awarded on competitive bids--Rejection of bids and readvertisement.

9-42-5. Construction and repair contracts awarded on competitive bids--Rejection of bids and readvertisement.
Any contract for the construction or repair of a public building or for public works or improvements, and any contract for material used therefor and equipment purchased or rented in connection therewith, and any contract for local improvements for which a special assessment is to be levied, except as provided in this chapter and as provided in chapters 5-18A and 5-18B, shall be let to the lowest responsible bidder in accordance with the provisions of chapters 5-18A and 5-18B.
The governing body may reject all bids and readvertise for proposals, if none of the bids are satisfactory or if the governing body believes any agreement has been entered into between the bidders to prevent competition.
Source:
SL 1890, ch 37, art XVI, §15; SL 1890, ch 37, art XX, §4; RPolC 1903, §1344; SL 1909, ch 110, §8; RC 1919, §6347; SL 1921, ch 297; SL 1925, ch 235; SDC 1939, §45.1501; SL 1939, ch 189, §1; SL 1953, ch 260, §1; SL 2011, ch 2, §118.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-6 - Plans prepared and contract awarded by state or federal agency financing local improvement.

9-42-6. Plans prepared and contract awarded by state or federal agency financing local improvement.
Whenever any local improvement is to be financed in whole or in part by any agency of the state or federal government, whether or not such improvement is also to be financed in part by special assessments to be levied upon property within the municipality, the plans and specifications therefor may be prepared and the contract therefor may be advertised and awarded by or under the direction of such state or federal agency, in accordance with the laws applicable to such agency, with like effect in all respects as if such plans and specifications had been prepared and such contract had been awarded by the municipality.
Source:
SDC 1939, §45.1501 as added by SL 1953, ch 260, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-7 - Combining improvements for purposes of plans and contract--Allocation of costs.

9-42-7. Combining improvements for purposes of plans and contract--Allocation of costs.
Two or more local improvements, the proceedings for which have been or are to be instituted separately, due to differences in the areas to be served by such improvements or the type of work involved therein, may be governed by a single set of plans and specifications and a single contract, and such plans and specifications and contract may also include work inside or outside of the municipality which is to be financed solely by such state or federal agency, if such method of advertising and award shall be deemed most feasible and economical by the governing body and by said agency, but in this event the governing body shall take the necessary steps to assure that the contract and incidental costs are allocated on a reasonable basis to the respective improvements involved.
Source:
SDC 1939, §45.1501 as added by SL 1953, ch 260, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-8 - Engineer's estimate of costs to be paid by municipality, state and federal agency--Basis for special assessments--Revision of estimate on completion of work.

9-42-8. Engineer's estimate of costs to be paid by municipality, state and federal agency--Basis for special assessments--Revision of estimate on completion of work.
In the event that any improvement covered by such a contract as described in §§9-42-6 and 9-42-7 is to be financed in part by special assessments, the city engineer, or the governing body if there be no city engineer, upon the award of such contract, shall make and file for public inspection in the city engineer's office or in the office of the governing body an estimate of the portion of the cost thereof to be paid by the municipality under the terms of said contract and the agreement made with such state or federal agency for the financing thereof, plus any incidental costs necessary to be paid by the first or second class municipality for the completion of the improvement, and such estimate, when approved by the governing body, shall constitute the basis for the special assessments to be levied as now provided by statute. Such estimate shall be subject to revision in the course of or upon the completion of the work, as the facts may appear, and supplemental assessments may be levied upon the basis of any such revised estimate in the manner provided by law.
Source:
SDC 1939, §45.1501 as added by SL 1953, ch 260, §1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-9 - Validation of local improvement proceedings prior to 1953.

9-42-9. Validation of local improvement proceedings prior to 1953.
In all cases where, prior to July 1, 1953, contracts for local improvements have been awarded in accordance with the procedure prescribed in §§9-42-3 to 9-42-8, inclusive, all such proceedings, and all special assessments levied on the basis of such contracts prior to July 1, 1953, are legalized and validated.
Source:
SL 1953, ch 260, §2; SDC Supp 1960, §45.1501-1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-12 - Approval and adoption of work required before payment--Progress payments--Interest on delayed payments.

9-42-12. Approval and adoption of work required before payment--Progress payments--Interest on delayed payments.
No payment may be made upon any contract for any local improvement until the work is approved and adopted by resolution of the governing body. However, the contracts may permit progress payments, but an amount necessary to complete the improvement shall be retained from the final payment until the contract is executed in full and the public improvement completed to the satisfaction and acceptance of the public corporation or its governing body. Further, if the contractor has furnished the governing body all required records and reports and a final inspection has been made, the governing body shall pay to the contractor interest as set by the governing body at a rate of not less than the Category E rate of interest as established by §54-3-16 on the amounts retained and on the final payment due the contractor, beginning thirty days after the work under the contract has been completed, as evidenced either by the completion date established by the resolution of the governing body or by the use and occupancy of the public improvement. The interest shall continue until the date when payment is tendered to the contractor, unless delay in payment has been the result of federal participation in the contract, in which event interest may not begin until thirty days after payment by the federal authority involved.
Source:
SL 1890, ch 37, art XX, §5; RPolC 1903, §1345; RC 1919, §6351; SL 1931, ch 187; SDC 1939, §45.1505; SL 1955, ch 205; SL 1963, ch 281; SL 1977, ch 79, §1; SL 1983, ch 28, §23; SL 1984, ch 319, §8; SL 1987, ch 57, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-12.1 - Payments from general fund of municipality.

9-42-12.1. Payments from general fund of municipality.
If progress payments or final payment become due under the provisions of §9-42-12 and if the improvements are to be financed by bonds authorized under the provisions of chapter 9-44 and the bonds have not been sold, the municipality may transfer the necessary funds from general funds in order to make the payments.
Source:
SL 1981, ch 74.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 42 - Construction Of Local Improvements › Section 9-42-13 - Payment due on occupancy of improvement before completion.

9-42-13. Payment due on occupancy of improvement before completion.
In the event the governing body elects to use and occupy the public improvement before completion, the governing body shall pay all amounts due under the contract except double the amount its architect or engineer shall estimate necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, whichever is greater, or in any event not less than three hundred dollars, and no interest shall be allowed thereon until thirty days after said work has been fully completed.
Source:
SDC 1939, §45.1505 as added by SL 1955, ch 205; SL 1963, ch 281; SL 1977, ch 79, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 43 - Special Assessments And Financing Of Improvements › Section 9-43-75 - Local improvement defined.

9-43-75. Local improvement defined.
For purposes of this chapter, the term, local improvement, means the process of building, altering, repairing, improving, or demolishing any local infrastructure facility, including any structure, building, or other improvement of any kind to real property, the cost of which is payable from taxes or special assessments.
Source:
SL 2012, ch 57, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 43 - Special Assessments And Financing Of Improvements › Section 9-43-76 - Municipal powers relating to special assessments and financing local improvements.

9-43-76. Municipal powers relating to special assessments and financing local improvements.
Any municipality may make assessments for local improvements on property adjoining or benefiting from the improvements, collect the assessments in the manner provided by law, and fix, determine, and collect penalties for nonpayment of any special assessments. Any municipality may construct and finance combined improvements if the benefits of each improvement will accrue to the same lots and tracts of land within the municipality. Any municipality may accept and consider petitions by owners of property within the municipality for local improvements to be specially assessed against the properties benefiting from the improvement.
Source:
SL 2012, ch 57, §4.