9-41A-3. Contents of agency agreement.
The agency agreement authorized in §9-41A-2 shall state:
(1)That the municipal power agency is created and incorporated under the provisions of this chapter as a municipal corporation and a political subdivision of the state, to exercise thereunder a part of the sovereign powers of the state;
(2)The name of the agency, which shall include the words "municipal power agency";
(3)The names of the first and second class municipalities which have approved the agency agreement and are the initial members of the municipal power agency;
(4)The names and addresses of the persons initially appointed by the resolutions approving the agreement to act as the representatives or alternate representatives of the first and second class municipalities, respectively, in the exercise of their powers as members;
(5)Limitations upon the terms of representatives or alternate representatives of the respective member first and second class municipalities, provided that the representatives or alternate representatives shall be selected and vacancies in their offices declared and filled by resolutions of the governing bodies of the respective municipalities;
(6)The names of the initial board of directors of the municipal power agency, who shall be not less than three persons who are representatives of the respective member first and second class municipalities, selected by the representatives; or the agreement may provide that the representatives of the member municipalities from time to time shall be and constitute the board of directors;
(7)The location by municipality, or other community in the state, of the registered office of the municipal power agency;
(8)That the first and second class municipalities which are members of the municipal power agency are not liable for its obligations; and
(9)Any other provision for regulating the business of the municipal power agency or the conduct of its affairs which may be agreed by the member first and second class municipalities.
Source: SL 1978, ch 66, §3; SL 1992, ch 60, §2.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 41A - Municipal Power Agencies
Section 9-41A-1 - Definition of terms.
Section 9-41A-2 - Formation of agency by agency agreement.
Section 9-41A-3 - Contents of agency agreement.
Section 9-41A-4 - Filing of agency agreement and resolutions--Certificate issued.
Section 9-41A-5 - Commencement of corporate existence--Certificate as evidence of incorporation.
Section 9-41A-6 - Powers of city representatives--Meetings--Quorum.
Section 9-41A-7 - Expenses of formation of agency--City representatives' expenses.
Section 9-41A-8 - Amendment of agency agreement--Ratification and filing.
Section 9-41A-9 - Initial meeting of directors.
Section 9-41A-10 - Adoption of bylaws--Contents.
Section 9-41A-11 - Registered office of agency--Change of location.
Section 9-41A-13 - Meetings of directors--Quorum.
Section 9-41A-14 - Appointment of officers of agency--Removal--Powers and duties.
Section 9-41A-15 - Employee unions and collective bargaining.
Section 9-41A-17 - Powers exercised by directors--Good faith required.
Section 9-41A-18 - Action through agents or by contract.
Section 9-41A-19 - Acquisition, maintenance, and improvement of projects--Agency.
Section 9-41A-20 - Investigation, surveys, and estimates of additional sources of energy.
Section 9-41A-21 - Cooperation with others in development of energy sources.
Section 9-41A-22 - Applications to regulatory agencies--Compliance with requirements.
Section 9-41A-23 - Determination of location and character of projects.
Section 9-41A-24 - Contracts for project construction and sale of energy.
Section 9-41A-25 - Purchase, sale, and transmission of electric energy--Agreements.
Section 9-41A-26 - Powers over money.
Section 9-41A-27 - Acceptance of loans and grants--Compliance with conditions.
Section 9-41A-28 - Borrowing power--Bonds and notes.
Section 9-41A-29 - Investment of funds.
Section 9-41A-30 - Powers over personal property.
Section 9-41A-31 - Powers over real property.
Section 9-41A-32 - Power of eminent domain.
Section 9-41A-33 - Franchises and leases of facilities.
Section 9-41A-34 - Encumbrance of property to secure obligations.
Section 9-41A-35 - Insurance against losses to property.
Section 9-41A-36 - Payments in lieu of property tax--Valuation of property.
Section 9-41A-37 - Powers incidental to purposes of chapter.
Section 9-41A-38 - Bonds and notes authorized--Purposes.
Section 9-41A-39 - Terms of bonds and notes.
Section 9-41A-41 - Agency funds pledged for security of bonds and notes.
Section 9-41A-43 - Negotiability of bonds and notes.
Section 9-41A-44 - Continuing validity of officers' signatures on bonds and notes--Temporary bonds.
Section 9-41A-45 - Sale of bonds and notes.
Section 9-41A-46 - Bonds and notes as legal investments for public, corporate and fiduciary funds.
Section 9-41A-48 - Encumbrance of property to secure bonds and notes--Filings.
Section 9-41A-49 - Officers and members of agency not personally liable on bonds or notes.
Section 9-41A-50 - Repurchase of bonds and notes--Cancellation or resale.
Section 9-41A-51 - Condemnation under power of eminent domain--Continuing power.
Section 9-41A-52 - Property already used for electric power not subject to condemnation.
Section 9-41A-54 - Establishment of rates, charges and reserves.
Section 9-41A-55 - Pledge of revenues to bonds, notes and contractual obligations.