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Home » US Law » 2022 South Dakota Codified Laws » Title 9 - Municipal Government » Chapter 05 - Annexation Of Contiguous Municipalities

Section 9-5-1 – Petition by voters of municipality to be annexed–Agreement on terms of annexation–Resolutions of governing bodies.

9-5-1. Petition by voters of municipality to be annexed–Agreement on terms of annexation–Resolutions of governing bodies. No consolidation of contiguous municipalities may be considered unless fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, desiring to be annexed to another who […]

Section 9-5-12 – Assumption of municipal debts and obligations after annexation.

9-5-12. Assumption of municipal debts and obligations after annexation. All debts and obligations of the municipalities as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and be paid by the municipality as enlarged by such consolidation. Source: SL 1951, ch 249, §10; SDC Supp 1960, §45.29A10.

Section 9-5-14 – Bonded indebtedness of annexed municipality–Tax levy.

9-5-14. Bonded indebtedness of annexed municipality–Tax levy. Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the municipality annexed shall be paid by such municipality; and the governing body of the municipality as it exists after annexation is authorized, and it is made its duty, to provide for the payment […]

Section 9-5-16 – School districts consolidated on annexation.

9-5-16. School districts consolidated on annexation. Upon consolidation of contiguous municipalities as herein provided, the school districts thereof shall ipso facto be consolidated, the school district of the annexed municipality becoming a part of the school district of the annexing municipality. Source: SL 1951, ch 249, §12; SDC Supp 1960, §45.29A12.

Section 9-5-19 – Bonded indebtedness of annexed school district–Tax levy.

9-5-19. Bonded indebtedness of annexed school district–Tax levy. Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the school district annexed shall be paid by such school district and the board of the school district as it exists after annexation is authorized, and it is made its duty, to provide […]

Section 9-5-2 – Publication of resolutions of annexation–Approval of voters required.

9-5-2. Publication of resolutions of annexation–Approval of voters required. All resolutions referred to in this chapter shall be adopted and be published and shall take effect as other resolutions provided that the proposed plan of consolidation shall not take effect unless approved by the voters of both municipalities at elections as hereinafter provided. Source: SL […]

Section 9-5-20 – Continuation in force of ordinances, contracts, rights and liabilities of annexed municipality and school district.

9-5-20. Continuation in force of ordinances, contracts, rights and liabilities of annexed municipality and school district. All ordinances, resolutions, contracts, franchises, obligations, rights, and liabilities of the annexed municipality or school district shall continue in force and effect the same as though no consolidation had occurred except as herein otherwise provided or except as completed, […]

Section 9-5-3 – Notice, conduct, and canvass of elections on annexation.

9-5-3. Notice, conduct, and canvass of elections on annexation. Such elections on the proposition of consolidating such contiguous municipalities as fixed and called by resolution shall be noticed, held, conducted, and canvassed as provided for a special or annual election as the case be. Source: SL 1951, ch 249, §2; SL 1955, ch 214, §2; […]

Section 9-5-4 – Waiting period after rejection of annexation by voters.

9-5-4. Waiting period after rejection of annexation by voters. If either election fails no other election on the same question shall be held sooner than three years after the effective date of said resolutions proposing the plan for annexation. Source: SL 1951, ch 249, §2; SL 1955, ch 214, §2; SDC Supp 1960, §45.29A02.

Section 9-5-6 – Form of ballot on question of annexation.

9-5-6. Form of ballot on question of annexation. The proposition for consolidation of such contiguous municipalities shall be submitted to the voters thereof on a separate ballot and shall be so stated so as to enable each voter to vote for or against the proposed consolidation by making a cross () or check mark () […]

Section 9-5-7 – Resolution declaring approval by voters of municipality to be annexed–Filing with annexing municipality–Submission to voters of annexing municipality–Date of election.

9-5-7. Resolution declaring approval by voters of municipality to be annexed–Filing with annexing municipality–Submission to voters of annexing municipality–Date of election. If a majority of the votes cast in the election held in the municipality desiring to be annexed are in favor of annexation, the governing body of the municipality shall so declare by resolution. […]

Section 9-5-9 – Effective date of annexation–Implementing ordinance.

9-5-9. Effective date of annexation–Implementing ordinance. Except as otherwise provided in the plan for consolidation, when certified copies of the proceedings are so filed, the annexation shall be effective and complete and the municipality to which the annexation is made shall have the power, and it shall be its duty, to pass such ordinance as […]