Title 9, MUNICIPAL GOVERNMENT

The municipality as enlarged by such consolidation shall have title to all real and personal property of both municipalities. Source: SL 1951, ch 249 , § 9; SDC Supp 1960, § 45.29A09.

All debts and obligations of the municipalities as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and be paid by the municipality as enlarged by such consolidation. Source: SL 1951, ch 249 , § 10; SDC Supp 1960, § 45.29A10.

Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the municipality to which annexation is made shall be paid by such municipality by a tax to be levied exclusively upon the property subject to taxation within the limits of the same as…

Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the municipality annexed shall be paid by such municipality; and the governing body of the municipality as it exists after annexation is authorized, and it is made its duty, to provide…

Suits to enforce claims or demands existing at the time of annexation against the municipality annexed may be prosecuted or brought against the municipality to which annexation is made, and judgments obtained shall be paid as provided in § 9-5-12 for the payment of the indebtedne…

Upon consolidation of contiguous municipalities as herein provided, the school districts thereof shall ipso facto be consolidated, the school district of the annexed municipality becoming a part of the school district of the annexing municipality. Source: SL 1951, ch 249 , § 12; …

The school district as enlarged by such consolidation shall have title to all real and personal property of both school districts. All debts and obligations of the school districts as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and pa…

Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the school district to which annexation is made shall be paid by such school district by a tax to be levied exclusively upon the property subject to taxation within the limits of the s…

Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the school district annexed shall be paid by such school district and the board of the school district as it exists after annexation is authorized, and it is made its duty, to provide …

All resolutions referred to in this chapter shall be adopted and be published and shall take effect as other resolutions provided that the proposed plan of consolidation shall not take effect unless approved by the voters of both municipalities at elections as hereinafter provide…

All ordinances, resolutions, contracts, franchises, obligations, rights, and liabilities of the annexed municipality or school district shall continue in force and effect the same as though no consolidation had occurred except as herein otherwise provided or except as completed, …

An election on the proposition of consolidating contiguous municipalities, as called by resolution, must be noticed, held, conducted, and canvassed, as provided for a special or regular municipal election set pursuant to § 9-13-1 or 9-13-1.3 , as applicable. Source: SL 1951, ch 2…

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 § 9-14-2 . The number of trustees of a municipality may be increased to five or reduced to three in the mann…

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 9-13-14.2 . A board of trustees may, by resolution, increase the length of terms…

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 § 9-14-2 . An alderman representing a ward must be a voter of an…

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…

The mayor pro tempore shall perform the mayor’s duties, except that the mayor pro tempore may not appoint, employ, or remove appointive officers without approval of the council. The mayor pro tempore acts as the presiding officer of the council, but the mayor pro tempore may only…

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 § 9-8-10 . The mayor performs other duties as may be prescribed by the laws and ordinances, and takes care that the laws and ordinances are faithfully executed. The ma…

The common council consists of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality. The term of office for each alderman is two years, unless a municipality adopts an ordinance establishing the term of office to be three, fo…

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 § 9-11-6 . The voters may revert to electing aldermen by ward in the same manner 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…