Committee: Senate Local Government
MOTION:
TO APPROVE THE MINUTES OF January 15
Moved by:
Senator Madden
Second by:
Senator Reedy
Action:
Prevailed by voice vote.
MOTION:
Adopt permanent rules.
Moved by:
Senator Shoener
Second by:
Senator Madden
Action:
Prevailed by voice vote.
SB 56:
allow municipal sewer charges to be based on the use or consumption of
water.
Presented by:
Senator Albers, Prime Sponsor
Proponents:
Bob Frieberg, SD Municipal League
MOTION:
DO PASS SB 56
Moved by:
Senator Vitter
Second by:
Senator Dunn (Rebecca)
" Section 7. That § 9-11-2 be repealed.
Section 8. That
§
9-11-3
be repealed.
9-11-3.
In order so to change its status such first or second class municipality as described in
§
9-11-2 may through its governing body apply to the circuit court having jurisdiction, for a judgment
authorizing such change. Upon the presentation of such application the court shall by order fix a time
and place for hearing such application. Notice thereof shall be given by publishing such order once
a week for two successive weeks, the last publication to be not less than ten days prior to the day
fixed for hearing and by posting a copy of the order in three public places in such municipality not
less than ten days prior to the hearing.
Section 9. That chapter 9-11 be amended by adding thereto a NEW SECTION to read as follows:
If the population of a municipality, as shown by the last preceding federal census, increases or
decreases causing the municipality to pass into a different class of municipality pursuant to
§
9-2-1,
the municipality may, through its governing body, apply to the circuit court having jurisdiction for
a judgment authorizing the classification change. Upon the presentation of the application, the court
shall establish a time and place for hearing the application. Notice of the hearing shall be given by
publishing the order once a week for two successive weeks, the last publication to be not less than
ten days prior to the day of the hearing, Not less than ten days prior to the date of the hearing, the
notice of hearing shall also be posted in three public places in the municipality.
Section 10. That
§
9-11-4
be amended to read as follows:
9-11-4.
Upon such hearing, if the facts warrant the granting of the application, the court shall
make and enter its judgment changing the status of
such first or second class
the
municipality to that
of a municipality of the
third
appropriate
class,
pursuant to
§
9-2-1. The court shall establish
fixing
the time when
such
the
change shall be effective and
determining
determine
the manner in which
the change shall be made.
A certified copy of
such
the
judgment shall be filed in the office of the register of deeds of the
county wherein such municipality is situated, and also in the office of the secretary of state.
"
Fran Berendes ________________________________
Committee Secretary