reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-25 - Placement under park board of trees, vegetation, sidewalks, and crossings along parks and thoroughfares.

9-38-25. Placement under park board of trees, vegetation, sidewalks, and crossings along parks and thoroughfares.
The governing body may place under the control and management of the board the planting, maintenance, trimming, and removal of trees, shrubs, and plants in any and all public grounds, thoroughfares, or lands appurtenant thereto throughout the limits of the first or second class municipality, the cutting of weeds and grass upon all public grounds and thoroughfares and lands adjacent or appertaining thereto, and the location of all sidewalks or crossings upon or adjacent to such public grounds or thoroughfares.
Source:
SL 1915, ch 260, §11; RC 1919, §6454; SL 1925, ch 237, §5; SDC 1939, §45.2511; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-26 - Qualifications and appointment of park superintendent--Duties and salary--Employment of other officers and employees.

9-38-26. Qualifications and appointment of park superintendent--Duties and salary--Employment of other officers and employees.
With the approval of the governing body the park board may appoint a park superintendent who shall be the chief executive officer under the board and who may or may not be a landscape architect. He shall hold office at the pleasure of the board and receive such salary as the board may determine with the approval of the governing body and shall on its behalf have charge, supervision and direction of all work and of all officers and employees under the board.
With the approval of the governing body, the board may also appoint and employ other officers and employees and shall prescribe and fix their duties and compensation.
Source:
SL 1915, ch 260, §6; RC 1919, §6449; SL 1925, ch 237, §3; SDC 1939, §45.2512; SL 1984, ch 59, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-27 - Bonds required of park board officers and employees.

9-38-27. Bonds required of park board officers and employees.
The 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 auditor.
Source:
SL 1915, ch 260, §7; RC 1919, §6450; SDC 1939, §45.2513.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-28 - Destruction of weeds in first or second class municipality--Notice to property owners by publication.

9-38-28. Destruction of weeds in first or second class municipality--Notice to property owners by publication.
The board shall have power to require all noxious and unsightly weeds on any lot in the first or second class municipality to be destroyed by the owner thereof.
General notice to property owners to destroy such weeds may be given by the secretary by publication once a week for two successive weeks.
Source:
SL 1909, ch 272, §6; RC 1919, §6439; SDC 1939, §45.2538; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-29 - Destruction of weeds by park board--Special assessment against property to cover cost.

9-38-29. Destruction of weeds by park board--Special assessment against property to cover cost.
Should the owner of any lot fail to cause such weeds to be destroyed within two days after the last publication, the board may cause the same to be done. The expense thereof shall be paid out of the fund appropriated for the board and shall be certified to the auditor, and the same shall be levied as a special assessment against the property upon which such weeds were destroyed and when collected shall be covered into the park fund and be subject to the order of the park board.
Source:
SL 1909, ch 272, §6; RC 1919, §6439; SDC 1939, §45.2538.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-30 - Division of first or second class municipality into park districts--Change in districts on change in municipal boundaries.

9-38-30. Division of first or second class municipality into park districts--Change in districts on change in municipal boundaries.
Upon the recommendation of the board the governing body may divide the first or second class municipality into park districts.
Whenever the municipality shall extend or change its limits, the governing body upon the recommendation of the board may divide the added territory into new park districts or add the same to districts already established.
Source:
SL 1915, ch 260, §12; RC 1919, §6455; SDC 1939, §45.2518; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-31 - Acquisition of property for parks and boulevards--Sources of payment.

9-38-31. Acquisition of property for parks and boulevards--Sources of payment.
Upon recommendation of the 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 parks, parkways, and boulevards, and establish the same.
Payment for any such land so selected and acquired may be made by cash, by purchase by installment payments with or without a mortgage, by entering into lease-purchase agreements, or by lease with option to purchase, out of the general fund, park fund, or by the issue and sale of bonds of the first or second class municipality after authorization as and in the manner provided by this title. No mortgage given hereunder shall provide as security property other than the specific land acquired pursuant to the provisions hereof.
Source:
SL 1915, ch 260, §13; RC 1919, §6456; SL 1921, ch 303; SDC 1939, §45.2519; SL 1969, ch 182; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-32 - Acceptance of gifts for parks and boulevards--Conditions permissible.

9-38-32. Acceptance of gifts for parks and boulevards--Conditions permissible.
Any municipality may accept any gift, bequest, or devise of real or personal property or the income thereof for the purpose of parks, parkways, or boulevards or for improvement or ornamentation of the same, or for the establishment or maintenance in any park, zoo, gardens, observatories, monuments, works of art, or other park purposes, upon any terms and conditions, including exemption from payment of assessments, as may be prescribed by the grantors, donors, or devisors thereof and agreed to by the governing body and board. A municipality may, by resolution, establish a policy for the acceptance of gifts of personal property of value below an amount determined by the governing body.
Source:
SL 1915, ch 260, §§62, 63; RC 1919, §§6505, 6506; SDC 1939, §45.2520; SL 1992, ch 60, §2; SL 2020, ch 27, § 1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-33 - Purposes for which acquired land used.

9-38-33. Purposes for which acquired land used.
The lands which may be selected and obtained under the provisions of this chapter shall be used solely for parks, parkways, and boulevards, and for public libraries, museums, and art galleries.
Source:
SL 1915, ch 260, §46; RC 1919, §6490; SL 1927, ch 173; SDC 1939, §45.2521; SL 1967, ch 222, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-34 - Change of use of lands authorized by election.

9-38-34. Change of use of lands authorized by election.
A change of use of such lands may be authorized by an affirmative majority vote of the voters of said city voting at an election on the question of such change of use. Such question may be submitted to the voters of such first or second class municipality at a regular annual or special city election.
Source:
SL 1927, ch 173; SDC 1939, §45.2521; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-34.1 - Private sale of park land occupied by encroaching building prior to January 1, 1988--Appraisal--Election exemption--Exchange of land--Sale as administrative decision.

9-38-34.1. Private sale of park land occupied by encroaching building prior to January 1, 1988--Appraisal--Election exemption--Exchange of land--Sale as administrative decision.
The governing body of a municipality may, by private sale, sell park land physically occupied by an encroaching building and the park land around the building extending a distance not to exceed ten feet from the foundation of the building provided the building was in existence prior to January 1, 1988. Such park land may only be sold to the owner of the encroaching building and may be sold without competitive bidding. The municipality shall have such land appraised by one or more persons licensed by the state to do fee appraisals. The municipality may not sell the property for less than the appraisal price. The change of the use of such land need not be submitted to the voters of the municipality pursuant to §9-38-34. If the governing board of the first or second class municipality desires to exchange the land that it is disposing of for other land owned by the person whose building encroaches on the park property, the governing body may do so as long as the municipality has both properties appraised and receives equivalent value in the form of land and cash for the park property disposed of. The sale of property pursuant to this section is an administrative decision pursuant to §9-20-19.
Source:
SL 1988, ch 80; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-35 - Structures within parks--Purposes for which authorized.

9-38-35. Structures within parks--Purposes for which authorized.
Neither the governing body nor the board may permit any person to build or maintain any structure within any park or parkway under the control of the board. No structure may be erected or maintained within any park or parkway except such structures or buildings as may be erected by the board for park purposes, and such statues, monuments, works of art, or structures intended for ornamentation only as may be erected by authority of the board. However, the governing body or the board may authorize the building and operation of tourism, science, or information centers within any park or parkway. The centers may include the administrative offices of any nonprofit association or corporation responsible for the operation of the center. If a water tower is located within a park or on park land, the governing body or the board may authorize the installation of communications equipment, including personal wireless service equipment, on the tower or on the ground and may authorize the installation of equipment to run wires or cables underground across the park land in order to connect the installation with facilities located outside the park land. The governing body or board shall establish the terms and conditions for any such installation in a lease or license agreement.
Source:
SL 1915, ch 260, §64; RC 1919, §6507; SDC 1939, §45.2522; SL 1992, ch 66; SL 2004, ch 78, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-36 - Board consent required for streets through parks--Vacation of streets and alleys--Special assessments.

9-38-36. Board consent required for streets through parks--Vacation of streets and alleys--Special assessments.
No roads or streets may be laid out or constructed through any park without consent of the board.
Upon recommendation of the board, any road, street, or alley, or part thereof, excepting railroads, that passes through or into or divides any land used for parks may be vacated by the governing body and made a part of the park. Upon recommendation of the board, the governing body may provide for special assessments to be made pursuant to chapter 9-43 for improvements to any road, street, alley, or part thereof under control of the board.
Source:
SL 1915, ch 260, §61; RC 1919, §6504; SDC 1939, §45.2523; SL 2012, ch 57, §71.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-37 - Improvement and maintenance of streets under park board--Payment from district funds.

9-38-37. Improvement and maintenance of streets under park board--Payment from district funds.
The board may have any road, parkway, boulevard, or street or part thereof, under its control and management, graded, regraded, paved, repaved, curbed, recurbed, guttered, reguttered, or otherwise improved, repaired, and maintained, including the construction, repair, and maintenance of bridges, retaining walls, viaducts, and sidewalks, and the planting of trees and shrubbery, in a manner and at such times and with such material as the board may determine and may pay for the work or improvements or any part thereof out of the funds not otherwise appropriated belonging to the park district in which the work or improvement is done or made.
Source:
SL 1915, ch 260, §49; RC 1919, §6493; SDC 1939, §45.2525; SL 1978, ch 62, §12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-38 - Contract for street improvements under park board--Supervision by board.

9-38-38. Contract for street improvements under park board--Supervision by board.
The contract for doing the work of construction and furnishing material for any such improvement for which special assessments are not to be levied shall be let by the board to the lowest and best bidder in the same manner and subject to the same provisions as similar work not under the control of the board is let by the governing body.
All such work shall be done under the supervision and control of the board.
Source:
SL 1915, ch 260, §50; RC 1919, §6494; SDC 1939, §45.2526.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-39 - Grading of streets after condemnation--Jury assessment of benefits and damages.

9-38-39. Grading of streets after condemnation--Jury assessment of benefits and damages.
In all cases of the condemnation of private property under the provisions of §§9-38-10 to 9-38-58, inclusive, for the opening or establishing of any parkway, road, boulevard, or street to be controlled by the board, the governing body, upon the recommendation of the board, by ordinance may establish the grade of that portion of such boulevard, parkway, road, or street proposed to be condemned and opened or established, and provide for the grading of the same.
In such case the petition required to be filed for the condemnation of private property shall state that benefits and damages, if any, arising from the grading of such boulevard, parkway, road, or street to the established grade shall be assessed by the jury in said condemnation proceedings. The jury shall find the amount of damages, if any, and benefits and in assessing the benefits shall consider the benefits caused by the opening of such boulevard, parkway, road, or street.
Source:
SL 1915, ch 260, §§76, 77; RC 1919, §§6519, 6520; SDC 1939, §45.2524.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-40 - Proceedings for ascertaining damages and benefits on grading of streets under park board.

9-38-40. Proceedings for ascertaining damages and benefits on grading of streets under park board.
Before any road, parkway, boulevard, or street under the control of the board shall be graded, or regraded, if the property owners to be damaged thereby shall not have waived all rights to compensation for damages, proceedings shall be had for the ascertainment of the damages and benefits to arise from such grading or regrading of such parkway, boulevard, road, or street in the manner provided by law.
The governing body upon the recommendation of the board may institute such proceedings and conduct the same to a conclusion.
Source:
SL 1915, ch 260, §53; RC 1919, §6497; SDC 1939, §45.2529.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-41 - Appropriations and expenditures for park and boulevard improvements.

9-38-41. Appropriations and expenditures for park and boulevard improvements.
Except as otherwise specifically provided all sums used for improving any public park, parkway, road, boulevard, or street under the control of the board and all sums required for the general expenses of such board and for other park purposes shall be paid out of moneys appropriated from the general fund of the first or second class municipality and shall be appropriated and expended in the same manner as other money is appropriated and expended by the governing body.
Source:
SL 1915, ch 260, §59; SL 1917, ch 305, §5; RC 1919, §6502; SDC 1939, §45.2534; SL 1967, ch 223, §2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-42 - Annual estimate for maintenance and improvement of parks and roads.

9-38-42. Annual estimate for maintenance and improvement of parks and roads.
The park board shall annually make an estimate of the moneys necessary for maintaining, constructing, and improving parks, parkways, roads, boulevards, and avenues which are under its control for the ensuing fiscal year. The estimate shall specify the amount required for each park district and the amount required for general park purposes and shall be certified by the secretary of the board to the municipal finance officer at a time specified by the municipal governing body.
Source:
SL 1909, ch 272, §5; SL 1915, ch 260, §55; SL 1917, ch 305, §3; RC 1919, §§6438, 6499; SL 1925, ch 237, §6; SDC 1939, §45.2533; SL 1945, ch 206; SL 1955, ch 213; SL 1959, ch 271; SL 1967, ch 223, §1; SL 1983, ch 66; SL 2014, ch 52, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-44 - Annual estimate for maintenance of trees and shrubbery.

9-38-44. Annual estimate for maintenance of trees and shrubbery.
In addition to the estimate made pursuant to §9-38-42, the board shall, at the time referred to in §9-38-42, make an estimate of the moneys necessary for the planting, maintenance, treatment, or removal of trees and shrubbery in the streets, alleys, avenues, boulevards, and parks within the municipality or which are under its control. Such estimates shall specify the amount required for forestry purposes and shall be certified by the secretary of the board to the municipal finance officer at a time specified by the municipal governing body.
Source:
SDC 1939, §45.2533 as added by SL 1967, ch 223, §1; SL 1992, ch 60, §2; SL 2014, ch 52, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-47 - Requisition by park board for expenditure of appropriated funds.

9-38-47. Requisition by park board for expenditure of appropriated funds.
The board by requisition may expend the money appropriated for construction and maintenance of the parks, parkways, and boulevards and for the plantings, maintenance, treatment, or removal of trees and shrubbery in the streets, alleys, avenues, boulevards, and parks within the first or second class municipality or which are under its control in each park district and for the use of the districts.
Source:
SL 1915, ch 260, §§41, 59; SL 1917, ch 305, §5; RC 1919, §§6485, 6502; SDC 1939, §45.2534; SL 1967, ch 223, §2; SL 1973, ch 53, §3; SL 1978, ch 62, §13; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-48 - Park district moneys not to be diverted to other districts.

9-38-48. Park district moneys not to be diverted to other districts.
The board shall not expend the money of one park district for use in any other park district.
Source:
SL 1915, ch 260, §59; SL 1917, ch 305, §5; RC 1919, §6502; SDC 1939, §45.2534; SL 1967, ch 223, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-54 - Water for park purposes supplied by municipality--Charges against park district.

9-38-54. Water for park purposes supplied by municipality--Charges against park district.
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 for park purposes, and at the option of the governing body, charges may be made on account thereof against the funds of any park district or other funds under the control of such board.
Source:
SL 1915, ch 260, §75; RC 1919, §6518; SDC 1939, §45.2537; SL 1977, ch 77.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-56 - Ordinance required for building of railway across park or boulevard.

9-38-56. Ordinance required for building of railway across park or boulevard.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-57 - Board consent required for utility wires or posts on parks or boulevards--Regulation by board.

9-38-57. Board consent required for utility wires or posts on parks or boulevards--Regulation by board.
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 erecting, placing, and maintaining the same in or upon any park or boulevard and may cause the place and manner of maintaining the same to be altered at such times and in such manner as it shall deem best for the interests of the first or second class municipality and may require such wires in any park, parkway, or boulevard to be put and kept underground.
Source:
SL 1915, ch 260, §61; RC 1919, §6504; SDC 1939, §45.2523; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-58 - Assessments for street and sewer improvements benefitting park land paid from park funds.

9-38-58. Assessments for street and sewer improvements benefitting park land paid from park funds.
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 situated, and special assessments have been issued against such park land or against the first or second class municipality on account of the benefit deemed to have accrued to such park land or to the municipality on account of such park land by virtue of such improvement, the board shall pay such special assessments or any judgments obtained against the municipality on account thereof, out of the funds under the control of such board not otherwise appropriated.
Source:
SL 1915, ch 260, §74; SL 1917, ch 305, §6; RC 1919, §6517; SDC 1939, §45.2531; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-60 - Municipal power to construct and operate swimming pools--Resolution of necessity--Sources of funds used.

9-38-60. Municipal power to construct and operate swimming pools--Resolution of necessity--Sources of funds used.
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 resolution shall declare the necessity for the making of such improvement, describing the contemplated improvement and stating the maximum amount of money to be expended for the same.
The governing body may provide for such expenditure from the general fund of the municipality or through the issuance and sale of bonds in the manner provided by law.
Source:
SL 1937, ch 180, §§1, 2; SDC 1939, §45.2536.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-61 - Swimming pool revenue bonds authorized.

9-38-61. Swimming pool revenue bonds authorized.
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:
SL 1957, ch 258, §1; SDC Supp 1960, §45.24D01; SL 1984, ch 43, §72.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-62 - Authorization, issuance, and sale of bonds.

9-38-62. Authorization, issuance, and sale of bonds.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-64 - Revenue from which swimming pool bonds payable--Lien on revenues--Municipal credit and taxing powers not pledged.

9-38-64. Revenue from which swimming pool bonds payable--Lien on revenues--Municipal credit and taxing powers not pledged.
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 in accordance with the provisions of §§9-38-61 to 9-38-75, inclusive. The credit and taxing powers of the municipality shall not be pledged for the payment of revenue bonds issued hereunder and the bondholders shall have no right to compel the appropriation of any of the municipality's other funds, money, or property for the payment of the principal thereof or interest thereon.
Source:
SL 1957, ch 258, §1; SDC Supp 1960, §45.24D01.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-65 - Covenant and agreements with holders of swimming pool revenue bonds--Application of revenues--Remedies of bondholders.

9-38-65. Covenant and agreements with holders of swimming pool revenue bonds--Application of revenues--Remedies of bondholders.
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 and proper operation and maintenance of swimming pool facilities, administration, application, and investment of and accounting for the revenues thereof and the proceeds of the bonds, insurance on swimming pool properties and bonds of employees, relative priorities of lien of outstanding and future bonds upon the gross revenues, refunding of bonds, and the enforcement of bondholders' rights, and any other lawful stipulations and covenants which the governing body deems suitable for the security of the bondholders or to reduce the interest cost on the bonds, and the holder of any bond issued hereunder may compel by appropriate court action the performance thereof, whether or not his bond is then in default.
Source:
SL 1957, ch 258, §3; SDC Supp 1960, §45.24D03; SL 1984, ch 43, §74.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-66 - References in revenue bonds to authorizing resolution--Negotiability of bonds.

9-38-66. References in revenue bonds to authorizing resolution--Negotiability of bonds.
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 expressed therein or in the resolutions.
Source:
SL 1957, ch 258, §5; SDC Supp 1960, §45.24D05; SL 1984, ch 43, §75.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-69 - Special fund for swimming pool revenue bonds--Pledge of income.

9-38-69. Special fund for swimming pool revenue bonds--Pledge of income.
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 occupancy of swimming pool facilities and of any future additions and betterments thereto or for admission of individuals to the same or any part thereof.
Source:
SL 1957, ch 258, §2; SDC Supp 1960, §45.24D02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 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.

9-38-71. Establishment and collection of admission charges and rent for use of swimming pools--Expenses and bond payments to be covered by rents and charges.
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 and for attendance at or participation in any recreational, athletic or exhibition activities conducted by the municipality or any board or department thereof, or for any other purpose, and shall also have the authority and duty to establish and collect reasonable rentals for all use and occupancy and reservation for use or occupancy of the premises and any part thereof, for any purpose, by any person, firm or public or private corporation other than the municipality itself, whether or not such person, firm or corporation shall charge for admission of individuals to the premises so rented. Such rentals and charges shall be fixed according to schedules, and shall be revised when necessary, so as to produce gross revenues at all times sufficient for current operation and maintenance of the swimming pool facility and sufficient for prompt payment of all outstanding revenue bonds and interest and creation and maintenance of agreed reserves.
Source:
SL 1957, ch 258, §3; SDC Supp 1960, §45.24D03.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-72 - Operating expenses paid from swimming pool fund--Appropriations from fund for bond payments and reserves.

9-38-72. Operating expenses paid from swimming pool fund--Appropriations from fund for bond payments and reserves.
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 appropriated to a separate account to the extent necessary for the payment of principal of and interest on the bonds and maintenance of such reserves securing said payments as shall be covenanted and agreed with the purchaser and holders of said bonds.
Source:
SL 1957, ch 258, §2; SDC Supp 1960, §45.24D02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-73 - Findings and determinations as covenants with holders of swimming pool revenue bonds.

9-38-73. Findings and determinations as covenants with holders of swimming pool revenue bonds.
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 258, §2; SDC Supp 1960, §45.24D02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-74 - Municipal indebtedness not authorized by swimming pool revenue bond law.

9-38-74. Municipal indebtedness not authorized by swimming pool revenue bond law.
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, §45.24D07.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-75 - Severability of swimming pool revenue bond law and resolutions.

9-38-75. Severability of swimming pool revenue bond law and resolutions.
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 not affect other provisions or applications of said sections or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of said sections, and the provisions and applications of said sections are declared to be severable.
Source:
SL 1957, ch 258, §7; SDC Supp 1960, §45.24D07.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-76 - Gymnasium or community house authorized by voters--Bond issue.

9-38-76. Gymnasium or community house authorized by voters--Bond issue.
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 and may issue bonds for that purpose.
Source:
SL 1917, ch 312; RC 1919, §6170 (16); SL 1923, ch 230; SDC 1939, §45.0202 (14); SL 1978, ch 62, §14; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-77 - Municipal borrowing power for recreation and playgrounds--Negotiable bonds.

9-38-77. Municipal borrowing power for recreation and playgrounds--Negotiable bonds.
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 provided by §§9-38-60 to 9-38-75, inclusive.
Source:
SL 1949, ch 202, §22; SDC Supp 1960, §45.3222; SL 1973, ch 55.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-78 - Appropriations for playgrounds and athletics.

9-38-78. Appropriations for playgrounds and athletics.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-80 - Creation and purpose of recreation board--Delegation of powers to park board.

9-38-80. Creation and purpose of recreation board--Delegation of powers to park board.
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 and duties of a recreation board may be delegated to the park board of the municipality, which board shall then be designated as a park and recreation board, which, in addition to its powers and duties relating to parks, shall have all the powers and duties of a recreation board as provided in this chapter. The governing body of a municipality may exercise all the powers and duties of a recreation board in lieu thereof if it determines the same to be in the best interest of the municipality. The ordinance creating the board shall specify the number, the qualifications, the term of office of the members, the frequency of board meetings, the officers to be selected and a description of their duties, the number of members necessary for a quorum, and the scope of the board's authority.
Source:
SL 1949, ch 202, §1; SDC Supp 1960, §45.3201; SL 1965, ch 218; SL 1970, ch 63, §4; SL 1971, ch 67; SL 1978, ch 62, §16; SL 1992, ch 60, §2; SL 1995, ch 49, §10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-82 - Bond required of recreation board members--Payment of premiums.

9-38-82. Bond required of recreation board members--Payment of premiums.
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 with any such bond the usual oath of office required from appointive officers of the municipality. The municipality shall pay any premium required to be given by the members of the recreation board or its officers or employees. All official bonds required by the governing body under the provisions of §§9-38-80 to 9-38-106, inclusive, shall be approved by the governing body.
Source:
SL 1949, ch 202, §3; SDC Supp 1960, §45.3203; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-84 - Documents and requisitions signed by board president or vice president--Countersigning of requisitions.

9-38-84. Documents and requisitions signed by board president or vice president--Countersigning of requisitions.
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, and to sign requisitions upon the city auditor for warrants upon the city treasurer for funds under control of and authorized to be expended by such recreation board. All such requisitions shall be countersigned by the secretary and, in his absence or disability, by some member of the recreation board other than the president or vice president.
Source:
SL 1949, ch 202, §5; SDC Supp 1960, §45.3205; SL 1973, ch 53, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-86 - Regulations for proceedings of recreation board--Contracts on behalf of city.

9-38-86. Regulations for proceedings of recreation board--Contracts on behalf of city.
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 the purposes of §§9-38-80 to 9-38-106, inclusive, and chapter 42-2.
Source:
SL 1949, ch 202, §5; SDC Supp 1960, §45.3205; SL 1992, ch 60, §2; SL 1995, ch 49, §14.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-88 - Records of recreation board as evidence.

9-38-88. Records of recreation board as evidence.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-90 - Legal assistance to recreation board.

9-38-90. Legal assistance to recreation board.
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 board may employ special counsel to assist the city attorney.
Source:
SL 1949, ch 202, §14; SDC Supp 1960, §45.3214; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-90.1 - Combined park and recreation board--Powers and duties.

9-38-90.1. Combined park and recreation board--Powers and duties.
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 according to the provisions of §9-38-80, such a municipality may combine the park board and the recreation board at any time by ordinance of the governing body. The combined board shall be designated as the park and recreation board. The park and recreation board shall exercise all the powers and duties that a park board and a recreation board are permitted to exercise separately by law.
Source:
SL 1969, ch 191, §1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-90.2 - Members of combined board--Supervision.

9-38-90.2. Members of combined board--Supervision.
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, regulations, and responsibilities of the park and recreation board in a manner consistent with law.
Source:
SL 1969, ch 191, §2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-90.3 - Funds of combined board.

9-38-90.3. Funds of combined board.
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.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-91 - Powers of recreation board--Acquisition, maintenance, and supervision of land and facilities.

9-38-91. Powers of recreation board--Acquisition, maintenance, and supervision of land and facilities.
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 appropriated for that purpose, and any other moneys received for the use of the recreation board. The acquisition of any land for such purposes by the recreation board shall be subject to the approval of the governing body of the first or second class municipality. The recreation board shall supply all of the supervision and management for the use of all recreation facilities.
Source:
SL 1949, ch 202, §9; SDC Supp 1960, §45.3209; SL 1978, ch 62, §17; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-92 - Park board responsibility for maintenance and improvement of recreation grounds--Parks used where possible.

9-38-92. Park board responsibility for maintenance and improvement of recreation grounds--Parks used where possible.
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, playground, or children's park purposes shall be the responsibility of the park board of the municipality; and, when possible, public parks, or designated areas thereof, within the municipality shall be used in the operation of a system of public recreation, playgrounds, and children's parks.
Source:
SL 1949, ch 202, §23; SDC Supp 1960, §45.3223; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-93 - Agreements by recreation board and park board for use of park grounds--Coordination of activities of boards.

9-38-93. Agreements by recreation board and park board for use of park grounds--Coordination of activities of boards.
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 governing body of the municipality in the event of disagreement as to such use. In order to facilitate the carrying out of the authorized purposes of the recreation board and the park board in municipalities where there are separate boards and to coordinate the activities of each board, the recreation board may require that the park superintendent, the executive officer of the park board, attend any regular or special meeting of the recreation board, and the park board may require that the director of recreation, the executive officer of the recreation board, attend any regular or special meeting of the park board.
Source:
SL 1949, ch 202, §23; SDC Supp 1960, §45.3223; SL 1992, ch 60, §2.