40-49-12. Powers of the board of park commissioners
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 of the park district,
for parks, boulevards, and ways. The board has the sole and exclusive authority to
maintain, govern, and improve the land, and to provide for the erection of structures
thereon. Such parks, boulevards, and ways are considered for purposes of taxation
and for all other purposes as being within the territorial limits of the municipality. If the
board has acquired the legal title in fee to such lands, the board may sell and convey
the same. A conveyance must be executed by the president and clerk of the board
upon a resolution approved by not less than two-thirds of the members thereof.
2. Lay out, open, grade, curb, pave, and otherwise improve any path, way, or street, in,
through, or around the parks, and construct, erect, build, maintain, manage, and
govern any and all buildings, pavilions, play and pleasure grounds or fields, and such
other improvements of a like character as may be deemed necessary.
3. Pass all ordinances necessary and requisite to carry into effect the powers granted to
a board of park commissioners, with such penalties as the board may deem proper.
No such penalty, however, shall exceed five hundred dollars.
4. Levy special assessments on all property especially benefited by the purchase,
opening, establishment, and improvement of such parks or boulevards and of ways or
streets about the same.
5. Employ such engineers, surveyors, clerks, and other employees, including a police
force, as may be necessary, define and prescribe their respective duties, and fix and
pay their compensation.
6. Issue negotiable bonds of the park district as provided in title 21.
7. Levy taxes upon all the property within the district for the purpose of maintaining and
improving parks, boulevards, and ways, and to defray the expenses of the district. The
proceeds of the taxes shall be available also for use in payment for any land
purchased during the year or previously, or for improvements previously made for park
purposes.
8. Establish building lines for all property fronting on any park, boulevard, or way under
the direction and control of the board, and control the subdivision and platting of
property within four hundred feet [121.92 meters] thereof.
9. Borrow money to defray the expenses of the year, subject to the limitations contained
in title 21, in anticipation of taxes already levied, and issue therefor the warrants or
other obligations of the district.
10. Connect any park or parks owned or controlled by it with any other park or parks, and
for that purpose, it may select and take charge of any connecting street or streets or
parts thereof; and the board shall have the sole and exclusive charge and control of
any street or streets taken for such purpose.
11. Plant, set out, maintain, protect, and care for shade trees in any of the public streets or
highways of the park district. The board may specify and regulate the kinds of trees
that shall be planted in any such street or highway, the size and location of such trees,
and the methods to be used in the planting and cultivation thereof and may pass such
ordinances as may be necessary for the protection and control of such trees.
12. Plat and lay out such portions of park property as are not needed for the
accommodation of the general public, and lease and demise lots or portions thereof for
residential or concession purposes. The board may prescribe by ordinances the use
that may be made of such leaseholds and the character of structures that may be
placed thereon and may regulate generally the use and enjoyment thereof by the
lessees or their successors.
13. Levy taxes upon all the property within the district, within the general fund levy
authority of section 57-15-12, for the purpose of funding a comprehensive health care
program for district employees.
14. Participate in cooperative purchasing contracts with the office of management and
budget pursuant to chapter 54-44.4, participate in cooperative purchasing contracts
with another state, and contract for cooperative purchases pursuant to a joint powers
agreement under chapter 54-40.3.
