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 petition.
If sixty percent of the voters of such municipality voting thereon shall vote in favor of such proposition, a sale, conveyance, lease, or contract for the operation of such plant, equipment, or public utility shall be deemed authorized.
Source: SL 1917, ch 314; RC 1919, §6169 (19); SL 1925, ch 242; SL 1929, ch 201; SL 1931, ch 195; SDC 1939, §45.1305.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 39 - Municipal Utilities In General
Section 9-39-3 - Contracts between municipalities for joint projects.
Section 9-39-4 - Agreements with other public bodies and utilities--Purposes.
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 9-39-25 - Utility board powers limited by municipal powers.
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 9-39-39 - Election requirement inapplicable to jointly owned facilities contracts.