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 […]
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 […]
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, […]
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 […]
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: […]
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 […]
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 […]
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 […]
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.
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).