CHAPTER 9-12

GENERAL POWERS OF MUNICIPALITIES

9-12-1    General corporate powers--Municipal property.

9-12-2    Fiscal powers of municipalities.

9-12-3    Expenses of officers and employees in attending meetings.

9-12-3.1    Compensation of board and commission members not already compensated.

9-12-4    Agreements with state and United States to carry out municipal functions.

9-12-5    Lease or transfer of municipal property to state agency for public purposes.

9-12-5.1    Lease of municipally-owned property--Term and conditions.

9-12-5.2    Lease to private person--Resolution of intent--Notice and hearing--Authorization.

9-12-6    Designation of official newspapers.

9-12-7    Liability insurance and agreements for protection of municipality, officers and employees.

9-12-7.1    9-12-7.1, 9-12-8. Repealed by SL 1978, ch 50, §§ 4, 5.

9-12-9    Municipal appropriations for observance of holidays.

9-12-10    City census.

9-12-11    Promotion of municipality--Appropriation and expenditure of funds--Records.

9-12-12    Employment of welfare workers.

9-12-13    Power to adopt zoning ordinance.

9-12-14    Power to support airports and landing fields.

9-12-14.1    Municipality authorized to provide funds for air carrier air service.

9-12-15    Power to maintain library.

9-12-16    Option to adopt campaign finance law.

9-12-17    Power to adopt ordinances to protect groundwater--Scope and purpose--Agreements to implement and enforce wellhead protection program.

9-12-18    Power to maintain abandoned cemetery--Cemetery board--Funds.

9-12-19    Inspection fee for government-owned property.

9-12-20    Municipality holding required license authorized to serve food, prepared food, and beverages.

9-12-21    Rebate of municipal property taxes to further industry development goals.

9-12-1. General corporate powers--Municipal property.

Every municipality shall have power:

(1)    To sue and be sued and to contract in its corporate name;

(2)    To acquire by lease, purchase, gift, condemnation, or other lawful means and hold in its corporate name or use and control as provided by law both real and personal property and easements and rights of way within or without the corporate limits for all purposes authorized by law or necessary to the exercise of any power granted;

(3)    To provide that supplies needed for the use of the municipality shall be furnished by contract let to the lowest responsible bidder, except as otherwise provided by law;

(4)    To construct, operate, and maintain an auditorium and all public buildings necessary for the use of the municipality;

(5)    To insure the public property of the municipality;

(6)    To convey, sell, give, dispose of, or lease both the personal and real property of the municipality as provided by this title;

(7)    To perform all administrative and financial functions for all purposes authorized by law or necessary to the exercise of any power granted.

Source: SDC 1939, § 45.0201 (12)-(15), (17), (18); SL 2002, ch 33, § 3; SL 2014, ch 49, § 1.

9-12-2. Fiscal powers of municipalities.

Every municipality may:

(1)    Control its finances and property;

(2)    Levy and collect taxes for general and special purposes on real property within the limits allowed by law;

(3)    Appropriate money for authorized purposes and provide for the payment of the debts and expenses of the municipality.

Source: Subd. (1): SL 1890, ch 37, art V, § 1; RPolC 1903, § 1229, subdiv 1; SL 1913, ch 119, § 53, subdiv 1; RC 1919, § 6169 (1); SDC 1939, § 45.0201 (1); SL 1992, ch 80, § 3. Subd. (2): SL 1890, ch 37, art V, § 3; RPolC 1903, § 1229, subdiv 3; RPolC 1903, § 1438, subdiv 16; SL 1913, ch 119, § 53, subdiv 3; RC 1919, § 6169 (2); SDC 1939, § 45.0201 (2); SL 1992, ch 80, § 3. Subd. (3): SL 1890, ch 37, art V, § 2; RPolC 1903, § 1229, subdiv 2; SL 1913, ch 119, § 53, subdiv 2; SL 1915, ch 118; RC 1919, § 6169 (4); SDC 1939, § 45.0201 (3); SL 1992, ch 80, § 3.

9-12-3. Expenses of officers and employees in attending meetings.

Every municipality may appropriate funds to pay the necessary expenses of its officers or employees in conducting such business or attending such meetings within or without the state as the governing body shall determine necessary to carry out its authorized municipal activities.

Source: SL 1957, ch 257; SDC Supp 1960, § 45.0201-1 (19).

9-12-3.1. Compensation of board and commission members not already compensated.

The municipal governing body may, by ordinance, authorize the appropriation of funds to provide compensation to members of municipal boards and commissions not already compensated.

Source: SL 1986, ch 66.

9-12-4. Agreements with state and United States to carry out municipal functions.

Every municipality shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision or unit of government, federal or state, to carry out any authorized municipal function.

Source: SL 1964, ch 145.

9-12-5. Lease or transfer of municipal property to state agency for public purposes.

Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made, or done on the terms and in the manner provided by resolution of the governing body.

Source: SL 1949, ch 179, § 1; SL 1957, ch 242; SDC Supp 1960, § 45.0201 (107).

9-12-5.1. Lease of municipally-owned property--Term and conditions.

Every municipality may lease its municipally-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body.

Source: SL 1980, ch 61, § 1.

9-12-5.2. Lease to private person--Resolution of intent--Notice and hearing--Authorization.

If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines.

Source: SL 1980, ch 61, § 2; SL 1981, ch 65.

9-12-6. Designation of official newspapers.

Each municipality shall designate at a meeting of its governing body an official newspaper or newspapers for a period of time, not to be less than twelve months, specified by the governing body in a resolution. The newspaper shall be published in the municipality. However, if there is no newspaper published in the municipality, then a newspaper published outside of the municipality may be used if the newspaper serves the municipality.

Source: SL 1913, ch 119, § 34; RC 1919, § 6169 (83); SL 1921, ch 309; SDC 1939, § 45.0201 (22); SL 1964, ch 137; SL 1985, ch 57, § 1; SL 2013, ch 36, § 1.

9-12-7. Liability insurance and agreements for protection of municipality, officers and employees.

Any municipality may obtain and pay for all forms of liability insurance, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24, to protect and assist the municipality in meeting obligations arising from such acts or omissions for which the municipality may be legally liable. The liability insurance coverage obtained or other arrangement shall protect the municipal officers and employees in the performance of official duties and against acts committed by them that could be reasonably considered to be within the scope of their official duties.

Source: SL 1959, ch 276; SDC Supp 1960, § 45.0201-1 (20); SL 1978, ch 50, § 2; SL 1987, ch 75, § 1.