South Dakota Codified Laws
Chapter 39 - Municipal Utilities In General
Section 9-39-3.1 - Joint electric generation and transmission facilities--Bond issue for financing--Sale of services to other entities--Liberal construction.

9-39-3.1. Joint electric generation and transmission facilities--Bond issue for financing--Sale of services to other entities--Liberal construction.
Pursuant to the provisions of S.D. Const., Art. IX, §3, any municipality owning an electric utility system may, pursuant to an agreement or agreements with any other governmental entities, either within or without the state, which own electric utility systems, acquire, construct, and finance by issuance of its revenue bonds in the manner prescribed in chapter 9-40, electric generation and transmission facilities, or any interest therein, and sell the output, capacity and services of such facilities to such other governmental entities in such respective amounts as shall be determined by such municipality to be necessary or appropriate in order to make the most efficient and effective use of its powers and responsibilities to supply the electric needs of its electric customers, and to this end this section shall be liberally construed.

Source: SL 1976, ch 84, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 39 - Municipal Utilities In General

Section 9-39-1 - Municipal power to construct and operate electric, light, heat, and power utilities.

Section 9-39-2 - Agreement with state or other governmental units for cooperative exercise of statutory powers and duties.

Section 9-39-3 - Contracts between municipalities for joint projects.

Section 9-39-3.1 - Joint electric generation and transmission facilities--Bond issue for financing--Sale of services to other entities--Liberal construction.

Section 9-39-4 - Agreements with other public bodies and utilities--Purposes.

Section 9-39-4.1 - Contracts with municipal power agencies--Action contesting validity--Voters' approval not required.

Section 9-39-6 - Municipal power to place utilities under utility board--Utilities subject to provisions.

Section 9-39-7 - Petition for placement of utility under utility board--Number of signers required.

Section 9-39-8 - Form of question on placement of utility under utility board.

Section 9-39-9 - Appointment of members of utility board.

Section 9-39-10 - Terms of office of three-member utility board.

Section 9-39-11 - Terms of office of five-member utility board.

Section 9-39-12 - Vacancies on utility board--Qualifications of members.

Section 9-39-13 - Bond required of utility board members--Payment of premium.

Section 9-39-14 - Removal of utility board members from office.

Section 9-39-15 - Salary of utility board members.

Section 9-39-16 - Rules for utility board proceedings--Monthly meetings.

Section 9-39-17 - President and secretary of utility board--Salary of secretary.

Section 9-39-18 - Time of assumption of control by utility board.

Section 9-39-19 - Extension, improvement, and operation of utility--Contracts.

Section 9-39-20 - Law applicable to utility board contracts.

Section 9-39-21 - Employment of personnel by utility board--Inclusion in civil service system.

Section 9-39-21.1 - Appointment of municipal industrial development director.

Section 9-39-22 - Purchase of supplies by utility board--Wholesale purchase of utility service.

Section 9-39-23 - Rates, fees, charges, and assessments fixed by utility board--Rules and regulations.

Section 9-39-24 - Agreements between utility board and governing body--Services furnished to municipality--Surplus funds.

Section 9-39-25 - Utility board powers limited by municipal powers.

Section 9-39-26 - Separate fund for utility receipts and disbursements--Separate accounts for each utility.

Section 9-39-27 - Audit and allowance of claims against public utilities fund.

Section 9-39-28 - Warrants on municipal treasurer for disbursements from utilities fund.

Section 9-39-29 - Fiscal reports by utility board to governing body.

Section 9-39-30 - Municipal power to abolish utility board or terminate authority over utility.

Section 9-39-31 - Petition to abolish utility board or terminate authority.

Section 9-39-32 - Form of question on election to abolish utility board or terminate authority.

Section 9-39-33 - Time of change in utility management after approval by voters.

Section 9-39-34 - Control by governing body after utility board abolished or authority terminated.

Section 9-39-35 - Waiting period after election on powers of utility board.

Section 9-39-36 - Municipal power to sell, lease, or grant operating contract for utility.

Section 9-39-37 - Petition for sale, lease, or operating contract for utility--Number of signers required.

Section 9-39-38 - Election on sale, lease or operating contract for utility--Percentage of favorable votes required.

Section 9-39-39 - Election requirement inapplicable to jointly owned facilities contracts.