34A-5-1. Areas subject to incorporation as districts. If any populated area outside the boundary of any municipality is situated so that the sewage of the populated area becomes, or may become, a menace to the residents of the populated area or to the residents of any municipality adjacent to the populated area, the populated area […]
34A-5-11. Ballot form on question of incorporation–Majority required for approval. If a majority vote in favor of the incorporation, the territory shall be deemed a sanitary district by the name and style specified in the order of incorporation by the board of county commissioners; otherwise, no further proceedings may be taken. Source: SL 1947, ch […]
34A-5-12. Canvass and return of election results–Order of county commissioners declaring incorporation. If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the sanitary district has been incorporated by the name adopted. The order shall be conclusive of the fact of incorporation in all suits by […]
34A-5-13. Expenditure of county funds for preliminary and election expenses–State funds. The county board may expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, […]
34A-5-14. District as governmental subdivision and public body. Any sanitary district established under this chapter is a governmental subdivision of this state and a public body, corporate and politic. Source: SL 1947, ch 226, §17; SDC Supp 1960, §45.3817; SDCL §34-17-14; SL 2011, ch 165, §88.
34A-5-14.1. Districts to be governed by board of trustees–Number of members. Each sanitary district shall be governed by a board of trustees elected at large, as provided in this chapter. Each board of trustees shall consist of an odd number of members and shall have at least three but not more than eleven members, as […]
34A-5-16. Number and terms of office of district trustees–Inspectors’ certificate as to persons elected. There shall be elected at the first election of a sanitary district three trustees at large, who shall respectively hold their offices, one for a term of one year, one for a term of two years, and one for a term […]
34A-5-17. Election on increase in number of trustees. The board of trustees may by resolution submit to the voters the question of whether the number of trustees shall be increased to five at a special election called for that purpose, or at the next regular election. Source: SL 1975, ch 220, §1; SDCL Supp, §34-17-16.1.
34A-5-18. Notice of election–Separate ballots. The board of trustees shall give notice pursuant to §6-16-4 of the election provided for in §34A-5-17. The question shall be submitted to the voters on a separate ballot and shall enable each voter to vote for or against the proposed question. Source: SL 1975, ch 220, §2; SDCL Supp, […]
34A-5-19. Election of additional trustees if increase approved–Terms of office–Certification. If a majority of the voters approve the question to increase the board of trustees to five, the voters shall elect one additional trustee for a three-year term and one additional trustee for a two-year term at the next regular election and the trustees shall […]
34A-5-2. Minimum population of district. No sanitary district may be incorporated which contains less than thirty legal residents, including minors, or less than ten landowners within the proposed district who are also registered voters in the proposed district. Source: SL 1947, ch 226, §3; SDC Supp 1960, §45.3803; SL 1964, ch 144, §1; SDCL, §34-17-2; […]
34A-5-20. Annual election of district officers. Each sanitary district shall annually elect officers on any Tuesday in the month following the anniversary date of the first election. The board of trustees shall designate a location in the district where the election shall be held. If one or more of the corporate bodies making up a […]
34A-5-21. Nomination petitions for district trustee. Any trustee to be elected at the initial election shall be nominated by any person in attendance at the meeting at which the organizational election is held. Any trustee to be elected at a subsequent election shall be nominated by filing with the district clerk, not more than forty […]
34A-5-21.1. Vacancies on board of trustees. If a vacancy occurs on a sanitary district board of trustees, the remaining members shall appoint a replacement to serve the remainder of such term. Source: SL 1984, ch 245; SL 1990, ch 284, §3.
34A-5-21.2. Residency of district trustees. To serve as a trustee of a sanitary district that has one hundred or more residents, the person shall be a resident of the sanitary district. To serve as a trustee of a sanitary district with less than one hundred residents, a person shall be a resident of the sanitary […]
34A-5-21.3. Published notice of vacancies–Content–Timeliness. The board of trustees shall publish a notice in the official newspaper of the sanitary district setting forth the vacancies which will occur by termination of the terms of office of elective officers. The notice shall also state the time and place where nominating petitions may be filed for such […]
34A-5-22. Organization of board of trustees–President–Meetings. The members of the board of trustees shall organize by electing one of the members to serve as president. The president shall preside over all meetings of the board and shall call all special meetings of the board if the president or a majority of the board deems such […]
34A-5-23. Expense reimbursement and compensation of trustees. Each sanitary district board of trustees shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the sanitary district board. Such reimbursement […]
34A-5-24. Policies and regulations for business of board–Time of meetings–Quorum. The board of trustees shall adopt policies and regulations for the conduct of its business and shall fix a stated time at which the regular meetings of the board shall be held. A majority of the board of trustees constitutes a quorum but a smaller […]
34A-5-25. Office of sanitary district–Record of proceedings. The board of trustees shall establish an office within the sanitary district and shall maintain a full, complete, accurate, and itemized account of all of its proceedings, ordinances, orders, resolutions, and regulations. Source: SL 1947, ch 226, §16; SDC Supp 1960, §45.3816; SDCL, §34-17-21; SL 1993, ch 256, […]
