34A-6-25 Vote required for municipal grant of franchise--General or special election--Adoption of o...
Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election.
No franchise may be granted by any
municipality pursuant to § 34A-6-24 unless the governing body of the municipality submits the
proposition of issuing the franchise to a vote of the electors at a general or special election called for
that purpose. Before submitting the proposition, the governing body shall first approve the proposed
franchise by ordinance, incorporating the proposed franchise in full and providing for submission
of the proposition at an election to be held not sooner than thirty days after the publication of the
election and proposition. The notice of election and the proposition shall refer to the ordinance by
number and shall include the full title of the ordinance. No such franchise or franchise ordinance is
effective unless the proposal to grant the franchise is approved at the election by a majority vote of
Source: SL 1975, ch 226, § 1; SDCL Supp, § 34-16B-21.2; SL 2011, ch 165, § 119.