1-24-19. Political subdivisions authorized to form separate administrative or legal entity.
Notwithstanding the provisions of Titles 7, 9, and 13, two or more political subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to establish an administrative or separate legal entity upon a motion approved by a majority vote of all participating governing bodies. Such agreement may be entered into for economic development purposes or to provide greater efficiency or improved services among the governing bodies entering into the agreement. The governing body of the joint entity shall be composed of the elected officials from the participating governing bodies. The agreement shall set forth the portion of support provided by each governing body. The joint entity may not levy property taxes, but may operate enterprise functions, set fees for services, employ staff, and own real or personal property. The joint entity may borrow funds to finance the purchase of real or personal property or to construct facilities. Any financing by bonds or other method shall require approval by more than sixty percent of the members of each participating governing board. The joint entity may enter into multiyear contracts. The joint entity shall follow all statutory requirements for public notice of meetings, publication of minutes, open meetings, the letting of public contracts, conflict of interest, disposal of surplus property, and audits.
Source: SL 1995, ch 7, ยง1.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 24 - Joint Exercise Of Governmental Powers
Section 1-24-1 - Definition of terms.
Section 1-24-2 - Joint exercise of powers authorized--Exceptions.
Section 1-24-3 - Agreements for cooperative action authorized--Approval by governing bodies.
Section 1-24-4 - Contents of agreement.
Section 1-24-5 - Provisions for control agency and property.
Section 1-24-6 - Agreements to be approved by state agency.
Section 1-24-6.1 - Agreements filed with attorney general and Legislative Research Council--Time.
Section 1-24-7 - Appropriation of funds and services to carry out agreement.
Section 1-24-8 - Contracts for service by public agencies.
Section 1-24-9 - Agencies not relieved from obligations by agreement.
Section 1-24-10 - Severability of provisions.
Section 1-24-11 - Pool arrangement defined.
Section 1-24-14 - Funding arrangements with health and educational facilities authority.
Section 1-24-15 - Agreements for investment of public moneys.
Section 1-24-16 - Election when agreement pledges full faith and credit of public agency.
Section 1-24-19 - Political subdivisions authorized to form separate administrative or legal entity.
Section 1-24-20 - Reciprocal interstate agreements for purpose of law enforcement.
Section 1-24-21 - Liability of law enforcement officers acting in reciprocal capacity.
Section 1-24-22 - Agreements of parties to an interstate law enforcement agreement.
Section 1-24-23 - Approval of Governor required for reciprocal agreements.
Section 1-24-25 - Term of agreement regarding high school equivalency test--Renewal.