9-41A-1. Definition of terms. Terms used in this chapter, unless the context plainly otherwise requires, mean: (1)”Agency agreement,” the written agreement between or among two or more cities establishing a municipal power agency; (2)”City,” a city organized and existing under the laws of South Dakota, and authorized by such laws or charter to engage in […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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.
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.
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 […]
9-41A-2. Formation of agency by agency agreement. Two or more first or second class municipalities may form a municipal power agency by the execution of an agency agreement authorized by a resolution of the governing body of each municipality. Source: SL 1978, ch 66, §2; SL 1992, ch 60, §2.
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.
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.
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.
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.
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 […]
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 […]
9-41A-26. Powers over money. A municipal power agency may acquire, hold, use, and dispose of income, revenues, funds, and money. Source: SL 1978, ch 66, §19.
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 […]
