9-39-4.1. Contracts with municipal power agencies--Action contesting validity--Voters' approval not required.
A municipal corporation, which operates its own electric distribution system, whether or not a member of a municipal power agency, may by resolution of its city council and utility board, if any, enter into a contract or contracts with one or more municipal power agencies for the purchase, sale, exchange, or transmission of electric energy extending for such term of years and with such provisions for the charges made thereunder as determined in the authorizing resolution or resolutions. Every resolution adopted in accordance with this section shall be published in the official newspaper of the first or second class municipality. No action may be brought and no defense may be interposed in an action brought more than twenty days after publication of the resolution, placing at issue the validity of any provision of the resolution or the power of the municipality to make any contract or incur any obligation authorized thereby. The provisions of §§9-39-36 to 9-39-39, inclusive, shall not apply to the resolutions or contracts.
Source: SL 1978, ch 66, §48; SL 1992, ch 60, §2.
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.