Title 9 — MUNICIPAL GOVERNMENT

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…

Real or personal property or the income thereof may be granted, bequeathed, devised, or conveyed to the first or second class municipality for the recreational purposes authorized by chapter 42-2 and upon such conditions as may be prescribed by the grantors, donors, or devisors t…

Upon recommendation of the recreation board the governing body may provide by ordinance for the purchase, condemnation, or otherwise obtaining of land within or without the city limits for public recreation, playgrounds, and children's parks, and establish the same. Payment for a…

Source: SL 1955, ch 221 , § 1; SDC Supp 1960, § 45.3901; SL 1987, ch 67 , § 17.

Source: SL 1955, ch 221 , § 5; SDC Supp 1960, § 45.3905 (2); SL 1961, ch 253 .

Every municipality shall have power to construct, operate, and maintain any system or part thereof to provide light, heat, and power; to purchase electric current from without the limits of the municipality; to sell electric current to be transmitted to any point without the muni…

In the case of a three - member municipal utility board, one member shall be appointed to hold office until the first regular meeting of the governing body in the second month of May after his appointment and until his successor is appointed and qualified, one to hold office unti…

Five - member municipal utility boards shall be appointed in such manner that one member shall be appointed to hold office until the first regular meeting of the governing body in May after his appointment and until his successor is appointed and qualified, and one to hold office…

All vacancies occurring on the municipal utility board during the term of the office shall be filled for the unexpired term in the manner original appointments are made. Each board member shall be a resident and freeholder of the municipality. Source: SL 1955, ch 221 , § 3; SDC S…

Each municipal utility board member shall execute and furnish to the municipality an official bond in the sum of twenty - five hundred dollars to be approved by the mayor or chairman of the town board and filed with the city auditor or town clerk with the premium on said bond to …

The members of the municipal utility board shall be removable during their respective terms of office only under the provisions of chapter 3-17 . Source: SL 1955, ch 221 , § 3; SDC Supp 1960, § 45.3903 (1).

No member of the municipal utility board shall receive a salary except as same may be fixed by the governing body of the municipality. Source: SL 1955, ch 221 , § 3; SDC Supp 1960, § 45.3903 (1).

The municipal utility board shall adopt rules for its own proceedings which shall provide among other things for at least one regular meeting by such board each month. Source: SL 1955, ch 221 , § 3; SDC Supp 1960, § 45.3903 (2).

The municipal utility board shall annually at its meeting in May choose a president from among its own members. It shall also appoint a secretary for an indefinite term. The secretary need not be a member of the municipal utility board and may be the city auditor or town clerk. T…

The municipal utility board shall assume the management and control of the utility designated in the question upon which the vote was had at the time of the first regular meeting of the governing body of the municipality following such special election. Source: SL 1955, ch 221 , …

The municipal utility board shall have power to extend, modify, or rebuild any public utility under its management and control, and to do anything such board deems necessary for the proper and efficient operation of such utility. Said board may enter necessary contracts for these…

Any municipal corporation which had a municipal electrical plant, or electrical distribution system or electrical generating plant, or a combination thereof, in existence, or authorized, on July 1, 1961, may, by action of the governing body thereof, enter into an agreement with a…