Title 9 — MUNICIPAL GOVERNMENT

If either election fails no other election on the same question shall be held sooner than three years after the effective date of said resolutions proposing the plan for annexation. Source: SL 1951, ch 249 , § 2; SL 1955, ch 214 , § 2; SDC Supp 1960, § 45.29A02.

After the resolutions proposing the plan for annexation take effect, the municipality to be annexed must, by resolution, submit the question of annexation to the voters of the municipality, at a special election called for that purpose and held pursuant to § 9-13-14 , or at the n…

The proposition for consolidation of such contiguous municipalities shall be submitted to the voters thereof on a separate ballot and shall be so stated so as to enable each voter to vote for or against the proposed consolidation by making a cross (  ) or check mark (  ) in a s…

If a majority of the votes cast in the election held in the municipality to be annexed are in favor of annexation, the governing body of the municipality must adopt a resolution to publish the result of the election. Within ten days after the election, the financial officer of th…

If a majority of the votes cast in the municipality to which annexation is to be made be in favor of annexation, the governing body of such municipality shall so declare by resolution. A certified copy of the whole proceedings of the annexation shall be filed with the auditor of …

Except as otherwise provided in the plan for consolidation, when certified copies of the proceedings are so filed, the annexation shall be effective and complete and the municipality to which the annexation is made shall have the power, and it shall be its duty, to pass such ordi…

If a municipality has a population of less than two hundred fifty, the owners of a majority of the real property in the municipality, both in area and assessed valuation, may file a petition for the dissolution of the municipality. The petition for dissolution must be filed in th…

If the governing body of a municipality with a population of less than one thousand at the time of filing is presented with a petition for dissolution signed by fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the l…

Where an election is held pursuant to § 9-6-10 and a majority of the votes cast are against dissolution, another election may not be held for the purpose of dissolving the municipality until five years after the date of the first election. Source: SL 1893, ch 35 , § 1; RPolC 1903…

If a majority of all the votes cast at an election pursuant to § 9-6-10 are for dissolution and the turnout for the election was at least two - fifths of all the legal voters of the municipality, based upon the total number of registered voters at the last preceding general elect…

A petition for dissolution must show: (1) The name of the municipality; (2) The date of its incorporation; (3) The fact that it contains a population of less than two hundred fifty persons; (4) That the petitioners are the owners of more than one - half of the real property conta…

Upon the filing of a petition for dissolution, as provided in §§ 9-6-1 and 9-6-2 , the circuit court shall issue an order to the municipality to show cause why the petition should not be granted. The order must be served in the same manner as a summons in a civil action against a…

Any objections to the petition for dissolution must be filed with the circuit court within thirty days from the date of service on the municipality. Objections may be made by any public officer or employee of the municipality or any property owner or taxpayer of the municipality.…

If, after a hearing on the petition for dissolution and any objections, the court determines there are sufficient interests of the municipality and of its property owners and taxpayers to support the dissolution of the municipality, the court must appoint a referee to make an enu…

The court must render a judgment decreeing the dissolution of a municipality if: (1) The referee reports that: (a) At the time the petition for dissolution is filed, the population of the municipality is less than two hundred fifty; and (b) The petition has been executed by prope…

The clerk of courts shall enter the petition for dissolution, any objections, the report of the referee, and the judgment of dissolution into the judgment record. Source: SL 1903, ch 91 , § 3; RC 1919, § 6568; SDC 1939, § 45.3004; SL 2025, ch 38 , § 7.

A copy of the judgment of dissolution, certified by the clerk of courts, must be filed in the office of the register of deeds in the county or counties in which the municipality is situated and in the Office of the Secretary of State. Upon the filing of the copies, the municipali…

After the entry of the judgment of dissolution, the territory formerly comprising the dissolved municipality must revert to the jurisdiction of the local subdivision or organization of which it would have been a part had it never existed. The municipal governing body and other of…

The board of trustees of a municipality consists of either three or five members elected at large. Each member must be a legal voter of the municipality in accordance with §

9-7-3 Terms of office of trustees--Vacancy. 9-7-4 Repealed by SL 1979, ch 50 , § 5. 9-7-5 President of board. 9-7-6 Regular and special meetings of board. 9-7-7 Quorum--Majority required for action.

A member of the board of trustees holds office for a term of three years and until the member's successor is elected and qualified. A vacancy on the board must be filled as provided in § 9-13-14.1 or

Repealed by SL 1979, ch 50 , § 5.

At the first regular meeting after their election, the members of the board of trustees shall elect one of their number as president to serve for one year and until a successor is elected and qualified. Source: PolC 1877, ch 24, § 19; CL 1887, § 1040; RPolC 1903, § 1435; RC 1919,…

The board of trustees shall hold regular meetings at the times as may be provided by ordinance. Special meetings of the board may be held at any time upon call of the president or finance officer by oral or written notice to the members. Source: PolC 1877, ch 24, § 21; CL 1887, §…

A majority of the members of the board of trustees constitutes a quorum, but an act of the board is not effective unless assented to by a majority of the members. Unless a vacancy exists due to removal, resignation, death, or by operation of law, the quorum consists of the majori…

The chief executive officer of a municipality under the aldermanic form is the mayor. The mayor holds office for a term of not less than two nor more than five years as determined by ordinance. A mayor may hold office for more than one term. Source: SDC 1939, § 45.0701; SL 1959, …

An individual may be nominated, elected, or appointed as a mayor or as an alderman, if the person is a citizen of the United States, a voter of the municipality, and a resident of the municipality in accordance with §

All votes must be taken orally or by roll call. A vote may not be taken by secret ballot. If any member of the council requests a roll call vote, a roll call vote must be taken. All votes must be entered in the minutes of the council’s proceedings. The majority vote of all the al…

A vote of the council may be reconsidered or rescinded at a regular or special meeting if a quorum is present and a majority vote to reconsider or rescind the action. Source: SL 1890, ch 37 , art IV, § 13; RPolC 1903, § 1210; RC 1919, § 6216; SDC 1939, § 45.0708; SL 2017, ch 56 ,…

In the temporary absence or temporary incapacitation of the mayor, the president of the council shall serve as the mayor pro tempore, as provided in § 9-8-13 , until the temporary absence or temporary incapacitation ends. In the temporary absence or disability of the mayor and pr…

In the case of a temporary absence or temporary incapacitation of the president of the council, or a vacancy in the office of the president of the council, the vice president of the council shall serve as the mayor pro tempore until the earliest of the following occurs: (1) The t…

If there is a vacancy from any cause in the office of the mayor, the vacancy must be filled by a motion supported by a majority vote of all the aldermen. The motion must be made at a meeting of the aldermen held as soon as practicable after the vacancy occurs. The individual appo…

The mayor presides at all meetings of the council. The mayor votes only in the case of a tie, except pursuant to §

Notwithstanding § 9-8-4 , the voters of any second or third class municipality may, by majority vote, choose to elect aldermen to the common council at large using the process provided in §

The council is the judge of the election and qualification of its members. The council may, by ordinance, determine its rules of procedure and code of conduct, and may punish its members for disorderly conduct while performing the duties of office, and, with the concurrence of tw…

Repealed by SL 1979, ch 50 , § 3.

At the first regular meeting after the regular municipal election held pursuant to § 9-13-1 or 9-13-1.3 , and the qualification of the newly elected aldermen, the council shall elect from among its members a president and vice president, who shall hold their respective offices fo…

The council holds its regular meetings on the first Monday of each month but may, by ordinance, change the day of its regular monthly meetings. The council may prescribe by ordinance the manner in which special meetings may be called. A majority of all the aldermen constitutes a …

9-8-10 Common council--Meetings--Voting. 9-8-11 Reconsideration of council action. 9-8-12 Mayor--Temporary absence or incapacity--Mayor pro tempore. 9-8-13 Mayor--Temporary absence or incapacity--Mayor pro tempore--Duties and authority.

Under the commission form, where a city manager is not employed, the board of commissioners shall consist of the mayor and two or four commissioners elected at large. Source: SL 1913, ch 119 , § 10; RC 1919, § 6219; SDC 1939, § 45.0801.

The board has the authority to summon and compel the attendance of witnesses and the production of books and papers if it is necessary for the effective discharge of the board's duties. Any process necessary to enforce the powers conferred by this section and § 9-9-9 shall be sig…

The board shall meet at least once each week, or as otherwise determined by ordinance, in regular meeting at a time and place as fixed by the board, to consider, take under advisement, and act on the business as may come before the board. Source: SDC 1939, § 45.0810; SL 1999, ch …

A special meeting may be called by the mayor or by any two commissioners at any time to only consider the matter mentioned in the call for the meeting. A notice of a special meeting shall be given pursuant to § 1-25-1.1 and shall be provided to each commissioner. Source: SL 1913,…

Source: SL 1913, ch 119 , §§ 31, 33; RC 1919, §§ 6228, 6229; SDC 1939, § 45.0810; SL 2018, ch 49 , § 11; SL 2025, ch 38 , § 65.

A majority of all the commissioners on the board of commissioners constitutes a quorum to do business. If a seat on the board is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of all the remaining commissioners who are quali…

The board of commissioners is the judge of the election and qualification of its members. The board may, by ordinance, determine its rules of procedure and code of conduct, punish its members for disorderly conduct while performing the duties of office, and, with the concurrence …

9-9-16 Board--Meetings open to public--Voting--Minutes. 9-9-17

Each meeting of the board of commissioners is open to the public. All votes must be taken orally or by roll call. No votes may be taken by secret ballot. If any member of the board requests a roll call vote, a roll call vote must be taken. All votes must be entered in the minutes…

9-9-18 Designation of areas of responsibility in five-commissioner municipalities. 9-9-19 Board of five commissioners--Mayor--Powers. 9-9-20 Board of five commissioners--Authority of mayor--Temporary absence or vacancy of commissioner. 9-9-21 Commissioner of public safety in five…

In a municipality governed by a board of five commissioners, the commissioners shall designate by a majority vote one commissioner to be the commissioner of public safety, one commissioner to be the commissioner of public works, one commissioner to be the commissioner of utilitie…