|
M• Oa PARK OMMIGTS 7%4
<br />.d
<br />"d 09 SPECIFIC POWERS. "' SEE
<br />`
<br />Park district boards inaddition to sac foregoing general powers shall have thes�ol'
<br />specific pu*cri I .. •' 'ILT
<br />(a) The power to regu: to b- ordinance the use of the waters of any lake lying
<br />wholly within a park established under this chapter and the use of any lake shore
<br />wht..h is within a park established under this chapter and the waterfront immediately
<br />abutting such lake shore for not to er -ed 300 feet therefrom, by all persoisr
<br />including persons boating, swimming, fishing, skating or otherwise, in, upon or
<br />about said lake, lake shore and abutting waterfront, subject to regulation by the state
<br />of Minnesota I I I
<br />„1
<br />(b) The power to acquire lands either within or without tl.e park district for
<br />conversion into forest reserves and for the conservation of the natural rariurces of
<br />the state, including streams, lakes, submerged lands and swamplands, and to these
<br />ends may create parks, parkways, forest reservations and other reservations and
<br />afi.,rest, develop, improve, protect and promote the use of the same in such manner
<br />as is conducive to the general welfare. These lands may be acquired by the board,
<br />on behalf of the district, by gift or devise, Sy purchase or by condemnation. In
<br />furtherance of the use and enjoyment of the lands controlled by it, the board may'
<br />accept donations of money or other property, or may tit as trustee of land, money
<br />or other property and use and administer the same as stipulated by the donor, or as
<br />provided in the trust agreement Thc terms of each such donation or trust shall first
<br />be approved by the district court before acceptance by the board If the park
<br />district includes all or part of more than one court district, approval shall be by the
<br />aunt court of the court district having the largest area within the park district. ' Ia
<br />case of condemnation the proceedings are to be instituted in the name of the district
<br />and conducted in the mariner provided in chapter 430 and acts now in chat and
<br />bereafter adopted amendatory thereof and supplemental thereto. Either the fee q
<br />any :esscr interest may be acquired as the board deems advisable. All awards not
<br />act aud.- as therein provided shall be a charge upon the district for which its credi+
<br />shall be pledged The duties specified to be performed in said sections by the city
<br />councal, the city clerk and the city engineer, respectiveiy, shall be performed by the
<br />commissionerssecretary
<br />, the sretary and the superintendent of the district. Appeals to the
<br />du:nct court shall be taken to the district court of the county in which the land litr<
<br />The notices required to be published shall be published in every case in a newspaper
<br />of general circulation published in the county or counties wherein the land lies. Al
<br />reports and papers required by said sections to be filed with the city clerk shall he
<br />filed with the secretary of the district. Unless a lesser estate be designated. U
<br />absolute estate in fee simple, unqualified in any way whatsoever, shall vest in t"
<br />dstrict to every case of taking by the exercise of the power of eminent domaiu,'atsa
<br />suLh estate shall not be limited or qualified in any way by construction. Nothiu}
<br />herein contained shall authorize the hood to: cu.l1�
<br />1 Acquire real estate by purcimn ase or co.idenaon which is located within t
<br />boundaries of an incorporated statutory city or city unless the governing body�'pd�
<br />suLh statutory City or city shall have consented thereto by resulution duly adott
<br />or a
<br />2. Acquire real estate by condemnation which is located cutside the
<br />district unless the board of county commissioners of the county in which I
<br />property is located has consented thereto by resolution duly adopted.
<br />(i.) The power, if the board finds that any lands which it his acquired ar
<br />aacnsary for the purposes for which acquired, to dispose of such lands upooA
<br />terms as are advisable including the power to transfer such lands to other
<br />corporations. Where lands which were acquired by condemnation less than 20 yeog
<br />before arc to be sold to private parties, the former owners, or their heirs. success
<br />7M PARK DIS-r RIM 311,111.0e
<br />or assigns, shall be notified in writing of the board's intent to dispose of the
<br />properties and shalt be given 20 days to purchase the property taken from them at
<br />such price as the board shall deem fair compensation to the district for such
<br />property. The board may lease any of its lands or permit their use for purposes
<br />consistent with the purposes for which the lands were acquired upor. such terms as
<br />are advisable. No such lands shall be sold without the approval oft' ic district court
<br />of the county in which the lands are situated. • ' ,
<br />* ' (d) The power to fix, alter, charge and collect Pecs, tolls and charges for the use
<br />of facilities of the park district, for services rendered by, or for any commodities
<br />furnished by, or for licenses issued by, the board pursuant to ordinances authorized
<br />hereunder. All fines collected for any violation of a board's ordinance shall be paid
<br />into the treasury of such park district board.
<br />(e) The power to borrow, make ano issue negotiable bonds, notes and other
<br />evidences of indebtedness, subject to the provisions of sections 398.16 and 399.17,
<br />and to pledge its full faith, credit and taxing power to the payment thereof, and/or
<br />to secu,c the payment of such obligations or any part thereof by mortgage, lien,
<br />pledge, deed of trust otherwise, on all or any of its property, contracts, franchises or
<br />revenges and to make such agreements with the purchasers or holders of such notes,
<br />bonds or other evidences of indebtedness or with others in connection with the same,
<br />whether issued or to be issued.
<br />(f) The power to cooperate with or borrow from any governmental organization,
<br />state or federal, or from any agency of the state or federal government for any
<br />purpose within ti,r cope of the authority of this corporation.
<br />(g) The power to cooperate with any public or municipal corporation, with the
<br />couaties and with any private or public organization engaged in conservation,
<br />recreational activities, protection of the public health and safety, prevention of water
<br />pollution, sanitation, and/or mosquito abatement for any constructive purpose, and
<br />the power, upon request, to assume control of all or a portion of any existing parks
<br />or park lands owned by any county government or municipal corporation in the
<br />park district; such control shall be assumed only at the request of and by agreement
<br />Ivith the public authority in control of such parks or park lands. Thereupon se:h
<br />Parks nr park lands may be developed, improved, protected and operated as . park
<br />as in case of lads otherwise acquired by the board. Such acquisition rc assumption
<br />of control or operation of a municipal park system by a park distr;-t shall in ro way
<br />impair the authority and power of such municipality to levv and collect taxes for
<br />park. playground and recreational purposes, all or part w such tax funds to be
<br />hiartsferred to the park district for such uses as may its agreed upon between the
<br />futria and the municipality.
<br />1' (h) The power to designate employees as police officers within the parts under
<br />Ot jurisdiction and control of the board, and employees so designated may exercise
<br />Rid the powers of police officers within the park lands under the jurisdiction and
<br />%ORtml of the board. Before exercising these powers, each such employee shall tali:
<br />y oath and give a bond to the stage in su-1 sum as the board prescribes for the
<br />Performance of his duties in such respect. The board may contract with
<br />palities or with the county or counties for the policing of park properties.
<br />� k) The power, upon a four -fifths vote of the board, to'enter into an agr«ment
<br />*Asection 471.59 with any political subdivision, governmental unit, or agency,
<br />iding sit elected park and recreation board in a city of the fir-_t class, to expend
<br />money, including bond proceeds, in its possession for any metropolitan
<br />park purposes, including transferring money in its possession as a grant to
<br />Political subdivisions, governmental units, or agencies, including an elected
<br />!rid rccreation board in a city of the first class.
<br />*Ult*c- 1933 c 806 s 9, 1957 c 160 s 1; 1973 c 123 an J s 7; 1984 c 654 an 1
<br />.:'J t: ,
<br />
|