Title 9 — MUNICIPAL GOVERNMENT

Source: SL 1915, ch 260 , § 49; RC 1919, § 6493; SDC 1939, § 45.2527; SL 2021, ch 43 , § 3. 9-38-51 to 9-38-53. Repealed by SL 2012, ch 57 , §§ 74 to 76.

The board is authorized to take from the hydrants and water pipes of the municipality, and to make sewer connections, under such reasonable rules and regulations as may be prescribed by ordinance or by the water or sewer department, all water and sewer needs which may be required…

No action shall lie against the board or against the first or second class municipality or the governing body of the municipality to recover for injuries sustained by any person through the negligence of the officers or employees of the board while engaged in the improvement, mai…

No railway shall be built into, through, or over any park, parkway, or boulevard without the consent of the governing body evidenced by ordinance passed upon recommendation of the board. Source: SL 1915, ch 260 , § 61; RC 1919, § 6504; SDC 1939, § 45.2523.

No telegraph, telephone, or electric light wires, or other wires or posts or supports thereof shall be erected or placed in, upon, through, or over any park without the consent of the board, and the board shall have power to designate the place or places for and manner of erectin…

Whenever any street not under the control of the board upon which any park land under the control of such board fronts or abuts shall be improved or repaired, or when any drain or sewer shall be built in the sewer district in which any park land under the control of such board is…

Repealed by SL 2012, ch 57 , § 73.

A municipality may establish, maintain, and operate golf courses, tennis courts, ball grounds, and other athletic amusements, and necessary facilities in connection therewith, as a part of its park system, and charge fees for the use thereof. All fees received under this section …

Any municipality shall have power to construct, equip, provide, maintain, operate, and regulate swimming pools and necessary buildings in connection therewith on lands of or in parks of such municipality. Whenever it is proposed to exercise such power, the governing body by resol…

A municipality may issue revenue bonds to provide funds for the purpose of acquiring, constructing, and operating municipally owned swimming pools or for the purpose of refunding outstanding revenue bonds issued under the provisions of §§ 9-38-61 to 9-38-75 , inclusive. Source: S…

Bonds shall be authorized, issued, and sold as provided in chapter 6-8B . Source: SL 1957, ch 258 , § 1; SDC Supp 1960, § 45.24D01; SL 1984, ch 43 , § 73. 9-38-63. Repealed by SL 1984, ch 43 , § 131.

9-38-64 Revenue from which swimming pool bonds payable--Lien on revenues--Municipal credit and taxing powers not pledged. 9-38-65 Covenant and agreements with holders of swimming pool revenue bonds--Application of revenues--Remedies of bondholders. 9-38-66 References in revenue b…

Such revenue bonds shall be payable solely from and shall constitute a lien upon the gross revenues derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body i…

By the resolution or ordinance authorizing revenue bonds, the governing body may make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, continuance of ownership…

Bonds issued pursuant to §§ 9-38-61 to 9-38-75 , inclusive, may refer to the authorizing resolution or resolutions for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8 notwithstanding any conditions express…

Prior to delivery of any such bonds, the governing body shall by said resolutions create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipality for the use or oc…

Except as provided for first or second class municipalities under a commission form of government the public parks of every municipality, whether within or without the limits of the municipality, shall be under the control and supervision of the governing body thereof unless a pa…

9-38-71 Establishment and collection of admission charges and rent for use of swimming pools--Expenses and bond payments to be covered by rents and charges. 9-38-72 Operating expenses paid from swimming pool fund--Appropriations from fund for bond payments and reserves. 9-38-73 F…

The governing body of each municipality issuing bonds hereunder shall have the authority, and it shall be its duty, to establish and collect reasonable charges for the admission of all persons to swimming pool premises for the purpose of use of any of the swimming pool facilities…

From the fund created pursuant to § 9-38-69 shall be paid as incurred and allowed all normal, reasonable, and current expenses of the operation and maintenance of the facilities, and the revenues remaining in said fund from time to time after payment of such expenses shall be app…

The findings and determinations authorized in §§ 9-38-61 to 9-38-72 , inclusive, shall constitute binding representations, recitals and covenants of each municipality issuing revenue bonds thereunder to and with the purchasers and holders of all such bonds. Source: SL 1957, ch 25…

Nothing contained in §§ 9-38-61 to 9-38-73 , inclusive, shall be deemed to authorize the incurring by any municipality of indebtedness within the meaning of any constitutional or statutory limitation upon municipal indebtedness. Source: SL 1957, ch 258 , § 7; SDC Supp 1960, § 45.…

If any provision of §§ 9-38-61 to 9-38-74 , inclusive, or any resolution or resolutions authorizing the issuance of bonds pursuant to said sections, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall no…

A first or second class municipality may establish and maintain a public gymnasium or public community house and the grounds therefor within the city limits when authorized by a majority vote of the voters of the city voting on the proposition at any annual or special election an…

Every municipality shall have the power to borrow money on the credit of the corporation for the purpose of acquiring sites, purchasing or constructing buildings and facilities for public recreation and playground purposes, and to issue its negotiable bonds therefor in the manner…

A municipality may appropriate funds for the purchase, establishment, and maintenance of playgrounds or children's parks and the support and encouragement of athletics within the municipality. Source: SL 1921, ch 306 ; SDC 1939, § 45.0201 (8); SL 1978, ch 62 , § 15. 9-38-79. Repe…

9-38-80 Creation and purpose of recreation board--Delegation of powers to park board. 9-38-81

All municipalities other than cities of the first class may create by ordinance a park board, serve without pay, the number of which shall be determined by the governing body of the municipality, and who shall serve at the pleasure of the governing body. The park board shall cont…

A governing body may by ordinance create a recreation board, the membership to be determined by the governing body, to operate a system of public recreation, playgrounds, and children's parks, except that in first and second class municipalities having a park board, the powers an…

9-38-82 Bond required of recreation board members--Payment of premiums. 9-38-83

Each member of the recreation board before entering upon his official duties shall give such bond to the first or second class municipality, as may be required by the governing body, for the faithful performance of his duties and shall take and file in the city auditor's office w…

9-38-84 Documents and requisitions signed by board president or vice president--Countersigning of requisitions. 9-38-85

The president, and in his absence or disability, the vice president, shall have authority to sign, execute and acknowledge in the name of the recreation board all contracts or documents of any character as authorized by and to carry out the purposes of chapter 42-2 and § 9-38-78 …

9-38-86 Regulations for proceedings of recreation board--Contracts on behalf of city. 9-38-87

Subject to the approval of the governing body, the board shall make bylaws, rules, and regulations for the orderly transaction and conduct of its business. Subject to the approval of the governing body the board may make and enforce contracts in the name of the city to carry out …

9-38-88 Records of recreation board as evidence. 9-38-89

The records of such recreation board, kept by its secretary, or copies of any such records when duly certified by the secretary shall be competent evidence of the proceedings of such recreation board. Source: SL 1949, ch 202 , § 8; SDC Supp 1960, § 45.3208. 9-38-89. Repealed by S…

9-38-90 Legal assistance to recreation board. 9-38-90.1 Combined park and recreation board--Powers and duties. 9-38-90.2 Members of combined board--Supervision. 9-38-90.3 Funds of combined board. 9-38-91 Powers of recreation board--Acquisition, maintenance, and supervision of lan…

The park board of any first or second class municipality employing a city manager may be abolished by ordinance. Thereupon its powers and duties shall be vested in the governing body. Source: SL 1935, ch 158 , § 15; SDC 1939, § 45.0911; SL 1992, ch 60 , § 2.

The city attorney as a part of his duties shall conduct all court proceedings under §§ 9-38-80 to 9-38-106 , inclusive, and shall be the legal adviser of the recreation board. When in its judgment the interests of the first or second class municipality demand, the recreation boar…

If a second or third class municipality has created a park board according to the provisions of § 9-38-8 , or if a first class municipality has created a park board according to the provisions of §§ 9-38-10 and 9-38-11 , and if such a municipality has created a recreation board a…

The governing body of the municipality shall determine the number of members of the park and recreation board. The park and recreation board shall be under the control and supervision of the governing body of the municipality, and the governing body shall prescribe all rules, reg…

Subsequent to any such consolidation, the receipts derived from the separate levies provided for park and for recreation purposes may be maintained in separate accounts, or the governing body may provide for their being combined into one account. Source: SL 1969, ch 191 , § 3.

The recreation board may operate a system of public recreation and playgrounds within the municipality as provided by chapter 42-2 , and for such purposes the recreation board may acquire, equip, and maintain land, buildings, or other recreational facilities, and expend money app…

Except in those first and second class municipalities in which the powers and duties of a recreation board have been delegated to the park board of the municipality, the maintenance and improvement of the grounds of any land acquired by the recreation board for public recreation,…

In first and second class municipalities where there are separate boards, the designation or the use of any public park, or designated area thereof, for recreational purposes shall be by agreement of the recreation board and park board, subject to review or determination by the g…

With the approval of the governing body the recreation board may appoint a director of recreation, who shall be the chief executive officer under the recreation board. He shall hold office at the pleasure of the recreation board and receive such salary as the recreation board may…

The recreation board may require all of its officers and employees, except laborers, to give bond for the faithful performance of their duties in such sum as shall be fixed by it, which bonds shall be filed with the city auditor. Source: SL 1949, ch 202 , § 11; SDC Supp 1960, § 4…

Any recommendation by the recreation board to the governing body shall be by resolution. When any ordinance of the governing body shall be passed upon the recommendation of the recreation board, it shall not be necessary for such ordinance to recite at length the resolution of th…

The recreation board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control. The governing body may require a report from such recreation board at any time, and the records, books, papers, and…