40-55 Public Recreation System
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<![CDATA[CHAPTER 40-55PUBLIC RECREATION SYSTEM40-55-01. Definitions.1."Governing body" as used in this chapter means city council, board of trustees or<br>commissioners of any city or township, the board of county commissioners on behalf<br>of any unorganized township, the trustees of any school district, and the<br>commissioners of any park district in North Dakota.2."Municipality" as used in this chapter refers to and means any city or organized or<br>unorganized township in North Dakota.40-55-02. Municipality, school, and park district recreation centers - Appropriation.The governing body of any municipality, park district, or school district may dedicate and set<br>apart for use as playgrounds, recreation centers, and other recreation or character-building<br>purposes and community centers, lands or buildings, or both, owned or leased by such<br>municipality, school district, or park district, and not dedicated or devoted to another, inconsistent<br>public use.A municipality, school district, or park district, in such manner as may now orhereafter be authorized or provided by law for the acquisition of lands or buildings for public<br>purposes by such municipality, school district, or park district, may acquire or lease lands or<br>buildings, or both, within or beyond the corporate limits of such municipality, school district, or<br>park district, for community centers, playgrounds, recreation centers, or other recreation and<br>character-building purposes. When the governing body of such municipality, school district, or<br>park district, so dedicates, sets apart, acquires, or leases lands or buildings for such purposes,<br>on its own initiative, it may provide for their conduct, equipment, and maintenance according to<br>the provisions of this chapter by making an appropriation from the general municipal, school<br>district, or park district funds.40-55-03. Providing and maintaining recreational facilities - May be vested in anexisting body - Powers of body. The governing body of any municipality, school district, or<br>park district may establish a system of public recreation and it may vest the power to provide,<br>maintain, and conduct playgrounds, community centers, recreation centers, and other recreation<br>and character-building areas, structures, facilities, and activities in any existing municipal body, in<br>the school district, in the park district, or in a recreation board or commission, as the governing<br>body may determine.Any board, commission, or other body so designated shall have theauthority to maintain and conduct community centers, playgrounds, recreation centers, and other<br>recreation and character-building areas, structures, facilities, and activities. For the purpose of<br>carrying out the provisions of this chapter, it may employ play leaders, playground and recreation<br>center directors, supervisors, recreation superintendents, and such other employees as it deems<br>proper.40-55-04. Municipalities, school, or park districts may provide and establish jointrecreation centers and facilities. Any two or more municipalities, school districts, or park<br>districts, jointly, may provide, establish, maintain, and conduct a public recreation system, and<br>acquire property therefor, and establish and maintain community centers, playgrounds,<br>recreation centers, and other recreational and character-building areas, structures, facilities, and<br>activities.40-55-05. Bonds may be issued providing for such facilities. The governing body ofany municipality, school district, or park district, pursuant to law, may provide that the bonds of<br>such municipality, school district, or park district may be issued in the manner provided by law for<br>the issuance of bonds for other purposes, for the purpose of acquiring lands or buildings for<br>communitycenters,playgrounds,recreationcenters,andotherrecreationalandcharacter-building purposes and for the equipment thereof.40-55-06.Establishing recreation board or commission - Members - Terms -Vacancy - Compensation. If the governing body of any municipality, school district, or parkPage No. 1district determines that a public recreation system shall be established, the governing body shall<br>by resolution or ordinance establish in such municipality, school district, or park district a<br>recreation board or commission that shall possess all the powers and be subject to all the<br>responsibilities of the local authorities under this chapter. The members of the recreation board<br>or commission shall be appointed by the mayor or presiding officer of the municipality, park<br>district, or school district that establishes the recreation system.The recreation board orcommission when established shall consist of at least five but not more than nine persons, as the<br>governing body may determine, to be appointed by the mayor or presiding officer of the<br>municipality, park district, or school district, with the consent of the governing body.Onemember of the recreation board or commission must be chosen from the legal membership of<br>the park district board, or board of park commissioners of the area involved, one member must<br>be chosen from the membership of the governing body of the municipality, and one member<br>must be chosen from the legal membership of the school district board or boards involved. The<br>remaining members must be chosen at large from the largest geographic area represented by<br>the municipality, park district, or school district involved. The term of office of all members of<br>such recreation board or commission shall be for three years except that the members of such<br>recreation board or commission first appointed shall be for staggered terms so that the terms of<br>at least one but not more than three members expire annually. If a vacancy occurs during the<br>term of office of any member, the mayor or presiding officer of the municipality, school district, or<br>park district involved, with the consent of the governing body, shall appoint a successor to serve<br>for the unexpired term. Membership on the recreation board or commission shall be without<br>compensation or remuneration.40-55-07. Governing body, board, or commission may accept grants of real estateand money - Conditions. The governing body of a municipality, school district, or park district,<br>recreation board or commission, or other authority in which is vested the power to provide,<br>establish, maintain, and conduct such supervised recreation system may accept any grant or<br>devise of real estate or any gift or bequest of money or other personal property or any donation<br>to be applied, principal or income, for either temporary or permanent use for playgrounds or<br>recreation purposes, but if the acceptance thereof for such purposes will subject such<br>municipality, school district, or park district, to additional expense for improvement, maintenance,<br>or removal, the acceptance of any grant or devise of real estate shall always be subject to the<br>approval of the governing body of such municipality, school district, or park district.Moneyreceived for such purpose, unless otherwise provided by the terms of the gift or bequest shall be<br>deposited with the treasurer of the governing body to the account of the recreation board or<br>commission or other body having charge of such work, and the same may be withdrawn and paid<br>out by such body in the same manner as money appropriated for recreation purposes.40-55-08.Election to determine desirability of establishing recreation system -How called. The governing body of any municipality, school district, or park district to which this<br>chapter is applicable, may and upon receipt of a petition signed by at least ten qualified electors<br>but not less than five percent of those qualified electors who voted at the last general election of<br>the municipality, school district, or park district, shall submit to the qualified electors the question<br>of the establishment, maintenance, and conduct of a public recreation system, and except in the<br>case of a school district, the levying of an annual tax for the conduct and maintenance thereof of<br>not more than two and five-tenths mills on each dollar of taxable valuation of all taxable property<br>within the corporate limits or boundaries of such municipality or park district, to be voted upon at<br>the next general election or special municipal election; provided, however, that such questions<br>may not be voted upon at the next general election unless such action of the governing body<br>shall be taken, or such petition to submit such question shall be filed thirty days prior to the date<br>of such election.A school district may levy a tax for the establishment, maintenance, andconduct of a public recreation system pursuant to subdivision q of subsection 1 of section<br>57-15-14.2.40-55-09. Favorable vote at election - Procedure. Except in the case of a schooldistrict or park district, upon adoption of the public recreation system proposition at an election by<br>a majority of the votes cast upon the proposition, the governing body of the municipality, by<br>resolution or ordinance, shall provide for the establishment, maintenance, and conduct of a public<br>recreation system, and thereafter levy and collect annually a tax of not more than two andPage No. 2five-tenths mills, or not more than eight and five-tenths mills if authorized as provided by this<br>section, on each dollar of the taxable valuation of all taxable property within the corporate limits<br>or boundaries of the municipality. This tax is in addition to the maximum of taxes permitted to be<br>levied in such municipality. The mill levy authorized by this section may be raised to not more<br>than eight and five-tenths mills when the increase is approved by the citizens of the municipality<br>after submission of the question in the same manner as provided in section 40-55-08 for the<br>establishment of the public recreation system.The governing body of the municipality shallcontinue to levy the tax annually for public recreation purposes until the qualified voters, at a<br>regular or special election, by a majority vote on the proposition, decide to discontinue the levy.<br>The governing body of the municipality may appropriate additional funds for the operation of the<br>public recreation system if in the opinion of the governing body additional funds are needed for<br>the efficient operation thereof. This chapter does not limit the power of any municipality, school<br>district, or park district to appropriate on its own initiative general municipal, school district, or<br>park district tax funds for the operation of a public recreation system, a community center, or<br>character-building facility.A school district may levy a tax annually for the conduct andmaintenance of a public recreation system pursuant to subdivision q of subsection 1 of section<br>57-15-14.2. A park district may levy a tax annually within the general fund levy authority of<br>section 57-15-12 for the conduct and maintenance of a public recreation system.40-55-10. Public recreation under this chapter deemed governmental subdivisionfunction. The provision, conduct, operation, and maintenance of a system of public recreation<br>under the provisions of this chapter shall be a governmental function of municipalities, school<br>districts, or park districts.40-55-11. Recreation centers or systems may be established as memorials. Thecommunity centers, playgrounds, recreational centers and systems, or any recreational or<br>character-building facility provided for herein may be erected or established as memorials in<br>commemoration of the men and women of the locality who lost their lives in the service of their<br>country during World War II and in gratitude to all who served in the armed forces. In such<br>cases, the names of those so remembered shall be preserved in some manner in connection<br>with the memorial.Page No. 3Document Outlinechapter 40-55 public recreation system]]>