AN ACT
ENTITLED, An Act to
provide for the consolidation and annexation of road districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
Two or more road districts may form a consolidated road district that comprises their combined
area pursuant to this Act. The governing body of each road district shall by resolution propose the
formation of the consolidated road district, specifying the road districts proposed to be included
within the boundaries of the consolidated road district.
Section 2. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
The governing body of each road district described in section 1 of this Act shall submit by
resolution the question of consolidation to the voters of each road district at a special election called
for that purpose pursuant to chapter 6-16. The proposition shall be submitted to the voters of each
road district on a separate ballot and shall be stated as to enable each voter to vote for or against the
proposed consolidation.
Section 3. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
If the voters of each road district approve the formation of the consolidated road district by a
majority of the votes cast on the consolidation question, the governing body of each road district shall
so declare by resolution and file a certified copy of each proceeding taken for the consolidation with
the road district's clerk, the secretary of state, and the county auditor. After the certified copies are
filed, the consolidation is effective and complete, and the consolidated road district has the powers
conferred upon a road district by this chapter.
Section 4. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
The consolidated board of trustees shall be elected as provided in chapter 6-16 and shall govern
the consolidated road district as provided in this chapter.
Section 5. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
The consolidated road district does not, by virtue of its incorporation, acquire any of the property
or assume any of the debts, obligations, or liabilities of any road district included within its
boundaries.
Section 6. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
A consolidated road district may contract with any road district for the purchase or use of
property that the road district is authorized to construct or acquire and maintain pursuant to this
chapter.
Section 7. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
Section 7. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
After the creation of a road district, minor adjustments to the boundaries of the district may be
made by the directors, without referendum. Such adjustments may not delete lands from the district
that have been subject to a special assessment during the budget year or the current year and such
adjustments may not include additional land in the district without the written approval of the owner
of the land.
Section 8. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
Section 8. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:
An additional area may be annexed or an area withdrawn from a road district by:
(1)
Circulation of an initiating petition therefor by the qualified voters in the new area and in
the existing district, similar to an initiating petition specified in this chapter; or
(2)
Circulation of an initiating petition by the qualified voters in the affected area and passage
of a resolution therefor by the directors of the road district.
Upon receipt of an initiating petition and passage of a resolution by the directors, the area shall
be annexed or withdrawn in the same manner as prescribed for creation of a new road project district.
An Act to provide for the consolidation and annexation of road districts.
An Act to provide for the consolidation and annexation of road districts.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1087
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____________________________
Chief Clerk
Chief Clerk
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
House
Bill
No.
1087
File No. ____
Chapter No. ______=========================
Received at this Executive Office this _____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
