Title 40, Municipal Government

A municipality may receive by gift, devise, or conveyance real estate within its corporate limits, or within five miles [8.05 kilometers] thereof, for use as parks or public grounds. Such real estate shall be vested in the municipality upon the conditions imposed by the donors or…

Any incorporated city by a two-thirds vote of its governing body, at a regular meeting of such governing body, may take advantage of the provisions of this chapter. The vote of the governing body on such question shall be taken by yeas and nays.

Any municipality desiring to take advantage of this chapter shall do so by an ordinance regularly adopted expressing such intent or desire. The territory embraced in the municipality or within any park which may be acquired under the provisions of this chapter shall be a park dis…

A park district shall be known as "park district of the city of ___________". The park district shall have a seal and perpetual succession, and may: 1. Sue and be sued. 2. Contract and be contracted with. 3. Acquire by purchase, gift, devise, or otherwise, and hold, own, possess,…

1. The powers of a park district in a city must be exercised by a board of park commissioners consisting of five or three members, as determined by the governing body of the city in creating the park district or pursuant to sections 40-49-07.1 and 40-49-07.2. Except as provided i…

1. The members of the board of park commissioners shall possess the qualifications of electors of the city and must be elected by the qualified electors of the park district. The members of the first board may be elected at any regular city election or at a special election calle…

1. The number of park commissioners may be increased from three to five, or decreased from five to three, pursuant to this section. 2. The process for increasing or decreasing the number of park commissioners may be initiated: a. By resolution approved by a majority vote of the b…

1. A city park district may be dissolved pursuant to a plan adopted pursuant to this section. A proposal for dissolving a city park district may be initiated: a. By resolution incorporating a dissolution plan, approved by a majority vote of the board of park commissioners and sub…

At the first meeting of the board of park commissioners in July after the regular biennial city election, the members shall organize the board by selecting a president and a vice president. The city auditor shall be ex officio treasurer of the park district or the board may appoi…

Vacancies on the board of park commissioners shall be filled by the board until the next regular election of members thereof at which time such vacancies shall be filled by election for the unexpired term. The removal of the person's residence from the park district by a member o…

The members of the board of park commissioners are entitled to receive compensation for their services in the amount approved by the board in the park district annual budget. A park board member may not be directly or indirectly interested in any contract requiring the expenditur…

The board of park commissioners shall hold a regular meeting at least once each month at a time and place to be designated by ordinance and such special meetings as it may deem necessary. A special meeting may be called at any time by the president or any two members of the board…

A board of park commissioners may: 1. Acquire by purchase, gift, devise, condemnation subject to chapter 32-15, conveyance pursuant to Public Law No. 115-306, or otherwise, land anywhere within this state, or outside this state if located adjacent to a boundary of this state and …

The powers of the board of park commissioners shall be exercised by ordinance unless otherwise provided in this chapter. All ordinances shall be read twice, and at least eight days shall intervene between the readings. Ordinances shall be adopted by a yea and nay vote, shall be a…

1. Yea and nay votes must be taken on all propositions involving the expenditure of money, levying of taxes, or the issuance of bonds or certificates of indebtedness. Approval of an expenditure of money must be recorded in the record of the board's proceedings and is sufficient t…

After declaring by resolution duly passed that an emergency exists in that it is desirable and necessary that additional lands, as described in the resolution, be acquired for park purposes, the board of park commissioners of any city may enter into a contract or contracts for th…

The city engineer of any city included within a park district shall be ex officio engineer and surveyor for the board of park commissioners and shall render to the board such services as it may require.

Full and exclusive jurisdiction to try and determine all claims for relief involving violations of rules or ordinances enacted by the board of park commissioners is vested in the municipal judge. The procedure, including the right of appeal, is the same as in actions involving of…

Except as otherwise provided in this chapter, the board of park commissioners and its officers and the park district shall be governed, in the issuing of warrants and certificates of indebtedness and in the levying of any tax or special assessment, or in carrying out, enforcing, …

The board of park commissioners of a park district in any city which has adopted a civil service system pursuant to the provisions of chapter 40-44, may, with the consent of the governing body of such city, provide that the employees of such park district shall be subject to the …

A board of park commissioners may provide for employees' pensions pursuant to an authorized city pension plan with the consent of the city governing body and the consent of not less than a majority of the city employees covered by the city pension plan. In addition, a board of pa…

A park district adopting the provisions of section 40-49-21 provide funding from revenues derived from its general fund levy authority for the benefit of its employees' pension fund.

Any municipality or park district may abandon and discontinue as a park or recreational area any land acquired by any municipality or park district for park and recreational purposes under the provisions of section 11-27-08 or property conveyed pursuant to Public Law No. 115-306 …

1. A board of park commissioners may prescribe and collect user fees for facilities or activities furnished by the park district and in anticipation of the collection of such revenues may issue evidences of indebtedness for the purpose of acquiring, constructing, improving, and e…

Upon completion of the medal of honor monument in Roosevelt park in Minot, ownership and responsibility for the monument's maintenance belongs to the Minot park board or its successor.