judgment indebtedness, including any unpaid public benefits and amounts assessed against any park district) may not be issued by any park district of less than 45,000 population until the proposition has been submitted to and approved by a majority of the voters voting upon the proposition. For the purpose of providing for the payment of interest on such bonds, and also a sum sufficient to pay the principal thereof at maturity, the park district and its corporate authorities are required to levy an additional annual tax sufficient to provide for such principal and interest. Refunding bonds for the purpose of refunding principal of outstanding bonds may be issued whenever proceeds of taxes levied therefor have not been received in time to pay such principal at its maturity (ibid., as amended by Laws of 1937, p. 94; Laws of 1939, p. 813).

Taking over public streets. Any public street, road, or highway or portion thereof situated within the limits of any park district may be taken charge of and improved and maintained as a pleasure drive or boulevard, with the consent of the corporate authorities having control of same, and also the consent of the owners of the majority of the frontage abutting thereon (ibid.).

Turning over city parks and boulevards. Any parks or boulevards in any municipality, or any parks owned by or under the control of any municipality which are within 4 miles of its corporate Jimits, and within the limits of any park district, may, with the consent of the municipality, be turned over to and placed under the control of the commissioners of the park district. In any park district any and all lands fronting on a lake and belonging to or under the control of any city, town, or village in the park district, with the riparian rights attaching thereto, are appropriated for such parks or boulevards as are authorized to be made and established, with the consent of the corporate authorities of the municipality (ibid.).

Annexation of territory.-Territory adjoining and in the same county with any park district may be annexed to and become a part of the district. Any 100 voters residing within the territory proposed to be annexed may petition the county judge of the county, wherein land proposed to be annexed lies, to cause to be submitted to the voters of the park district and of the territory proposed to be annexed the question whether such territory be annexed to and become a part of the adjoining park district. If the voters residing within the territory proposed to be annexed are fewer than 100 in number, a majority of such voters, together with a majority of the owners of lands within the territory proposed to be annexed, and who represent a major portion in area of land within such territory, may petition in like manner as above-provided. Upon the filing of the petition, an election must be held in the territory proposed to be annexed and also in the park district. If a majority of the votes cast at such elections favor annexation, then the adjoining territory becomes a part of the district (ibid.).

Disconnection from one district and annexation to another.— On petition signed by one-half of the voters and by one-half of the property owners in any territory not exceeding in area 640 acres within any park district, which territory is contiguous to another park district, the park commissioners of the park district in which the territory is situated may, by ordinance passed by a three-fifths

vote, consent that such territory may be discontinued from the park district and annexed to the other park district to which such territory is contiguous, whereupon the commissioners of the latter park district may annex the territory. When a part of the territory of a park district is taken therefrom and annexed to another park district, the proportionate share of any indebtedness, contract, or liability of the park district from which the territory is taken must be assumed and paid by the enlarged park district according to the taxable property in the disconnected territory as the same existed immediately before the annexation. The amount of the indebtedness to be paid by the enlarged park district is to be determined and agreed upon by the park commissioners of the respective park districts. If they cannot agree, then the matter is to be determined by the county court of the county in which the municipal corporation may be to which annexation is made, by petition of either municipal corporation or of any taxpayer of either municipality.

Any one or more park districts lying wholly within the corporate boundaries of a city, village, or incorporated town of less than 500,000 population may be annexed to and become a part of any other district adjoining and in the same county and lying wholly within the corporate boundaries of a city, village, or incorporated town of less than 500,000 population. Upon petition signed by at least 5 percent of the voters of the district proposed to be annexed, and by 5 percent of the voters of the district to which the annexation is proposed to be made, the county judge must cause the question to be submitted to the voters of the respective park districts. A majority vote of all votes cast is necessary to carry the proposition. Any indebtedness, contract, or liability of the park district so terminated must be assumed and paid by the annexing park district, and the annexing park district becomes vested with the title and ownership of all the park district property annexed and terminated. The term of office of the municipal authorities of the park district so annexed or terminated expires immediately upon annexation (ibid.).

Dissolution and discontinuance of park district. Any park district may be dissolved and discontinued only with the consent of the majority of the voters of both the park district and the city, village, or town concerned. Upon dissolution, all commissioners and officers of the park district cease to have any power or authority, and all parks theretofore established by the park district are to vest in and be controlled by the city, town, or village wherein the parks and other property are located. The municipal authorities are vested with all powers of the park commissioners; they must proceed to close up the business affairs of the park district; and they are empowered to levy taxes for the purpose of paying outstanding debts, obligations, or liabilities, and the necessary expenses of closing up the business of the park district (ibid., as amended by Laws of 1939, p. 821).

Sale of park district lands.-Any park district owning and holding any real estate which is not needed or useful for park purposes may sell not to exceed a total of 15 acres of such property. The board must adopt and publish a resolution describing the property. No property may be sold under any circumstances unless the sale is approved by a majority of the voters of the park district voting on the question. Before any election is called for the purpose of sub

mitting the question of sale, a petition signed by not less than 100 voters of the district must be filed requesting the submission of the question of the sale to the voters. If a majority of the voters voting on the question favor the sale, the board must sell the property at public auction after giving notice of the sale by publication. The property must be sold to the highest responsible bidder (Laws of 1937, p. 980).

Sale or lease of park property. Any board of park commissioners may by ordinance or resolution approved by the affirmative vote of three-fourths of its elected members authorize the sale or lease of any real property conveyed to it by gift, grant, or devise if no specific purpose or use has been made a condition by the donor, and the property is not suitable for or adapted to park purposes or for boulevards and driveways in connection with any park, and if the property is not contiguous to any park maintained by a park district. The sale or lease may be only at public auction upon competitive bidding after notice has been given by publication (Laws of 1939, p. 818).

Disconnection of territory from park districts.-Whenever any park district is situated partly within a city having power to establish and maintain public parks and levy a 3-mill tax therefor (cities having a population of less than 50,000), and the remainder of the park district is situate entirely within territory not included in any city having power to levy such tax, on petition signed by a majority of the voters resident in that part of the park district situated within the limits of such city, the board of park commissioners of the park district may, by ordinance passed by a majority vote, consent that such territory may be disconnected from the park district. The ordinance must provide that the city shall assume and pay to the park district a proportionate share of the then existing indebtedness of the park district, which amount to be so assessed and paid, with the terms of payment, must be stated in the ordinance, and must approximate the proportionate share of the then existing indebtedness of the park district in the proportion that the value of the taxable property in the disconnected territory bears to the value of the taxable property of the entire park district. The disconnection of the territory is not to take effect unless the city passes an ordinance accepting the provisions of the ordinance of the park district and assuming and agreeing to pay the indebtedness aforesaid according to the terms of the ordinance. The money so agreed to be paid by the city constitutes a trust fund, to stand in lieu of the funds that would have been realized from taxation of the disconnected territory to pay the then existing bonded and other liabilities of the park district if the territory had not been disconnected (ch. 105).

Site for historical museum and library. The park commissioners for any park district, the boundaries and limits of which extend over the whole of one or more towns within the limits of a city having a population of more than 300,000 inhabitants, may set apart and grant a suitable site within any park under their jurisdiction and control for the construction and accommodation of a historical museum and library to be open to the general public, whenever any historical society or other civic body or corporation organized for the promotion of historical education, which in the judgment of the park

commissioners is financially responsible and able to build and maintain such an institution, submits to the park commissioners plans and pledges showing its ability and willingness to erect and maintain a building suitable and appropriate for such purpose. The park commissioners may, before or at the time of the allocation of the land, impose such conditions in connection with the privileges granted as in their discretion will insure completion of the proposed building within a reasonable time and its maintenance at a standard commensurate with and appropriate to the character of the park in which it is to be located (ibid.).

Establishment of airdromes, airports, and landing fields.-Any park district located in whole or in part in counties having a population of less than 500,000 is authorized to acquire by purchase, condemnation, or lease real estate, in whole or in part, either within or without the corporate limits of the park district, for the purpose of establishing for the park district an airport and landing field for aircraft, and to provide hangars, shops, and other necessary equipment and appurtenances therefor usually incident to the operation of an airdrome, and to maintain and operate the same (ibid.).

Same; petition; referendum; tax levy.-Upon a petition signed by not less than 2 percent of the voters of the park district, or upon the order of the board of commissioners of any park district, the question of the levy of an additional annual tax to provide revenue for the purpose of acquiring, constructing, and maintaining and operating airdromes, airports, and landing fields for aircraft must be submitted to the voters. If a majority of the votes cast upon the proposition are in favor thereof, the tax must be levied and collected. Such tax may not exceed, in districts of less than 100,000 population, the rate of 1 mill on the dollar, or in districts of 100,000 population and less than 500,000 population, the rate of 1 mill on the dollar for the first 5 years, and the rate of 1% or 1 mill on the dollar thereafter, of all taxable property in the district (ibid.).

Conveyances to and leases from Federal Government. The board of commissioners of any park district may, by majority vote, convey, grant, transfer, or sell to the United States or to any proper agency thereof, any real or personal property owned by the park district, upon such terms as may be agreed upon by the commis sioners, or in consideration of a grant or loan of money by the Federal Government, or any agency thereof, for the construction, extension, or improvement of any public works project or building; may lease from the United States or any proper agency thereof, any real or personal property for use for any park district purpose, for any period of time not exceeding 50 years, with or without an option to buy the property, and with or without a clause to the effect that title to the leased property is to vest in the district at the expiration of uch lease; may pay for the use of any such leased property in accordance with the terms of the lease: Provided, That the lease may be entered into without an appropriation for the expense thereby incurred having been previously made; and provided further, That no obligation to pay incurred under the lease is to be considered to be an indebtedness of the district within the meaning of any constitutional or statutory limitation upon such indebtedness, but must be considered a current expense for the year for which paid and not an

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indebtedness of the district; may authorize any official to enter into such lease and to sign the same on behalf of the district, and to execute any deed or other evidence of transfer of title on behalf of the district, to effect or evidence any exercise of the power granted (ibid.).

NOTE. Provisions pertaining to Chicago park district are contained in chapter 105.

ELEVATED PLEASURE HIGHWAYS AND BOULEVARDS

Establishment and construction. The board of park commissioners of any park district may establish, lay out, construct, and build within the territorial limits of the park district elevated pleassure highways and boulevards, together with all structures, substructures, superstructures, foundations, ramps, inclines, drainage systems, lighting systems, ornamental works, curbs, gutters, safety devices, signal systems, and all permanent improvements and construction work incidental thereto or connected therewith or necessary to render the elevated pleasure highways and boulevards of greatest service to the public (ibid.).

Same; construction in parks, etc., authorized. An elevated pleasure highway or boulevard may be constructed upon, along, or over any public park, parkway, pleasureway, driveway, boulevard, street, or alley under the control of the board of park commissioners, and when in the judgment of the board of park commissioners the public good will be served thereby, a part or parts of the elevated highway or boulevard may be constructed on land not used for public purposes. In the event the board desires to construct an elevated pleasure highway or boulevard in whole or in part upon a street, road, or alley not under its jurisdiction, it may proceed to do so by obtaining the consent of the political subdivision having jurisdiction thereof, and the consent in writing of the owners of a majority of the lineal front feet of the property abutting on the street, road, or alley proposed to be taken over by the park district. In streets, roadways, or boulevards having a width greater than 66 feet between lot lines, no such frontage consents are necessary where the outside line of the proposed elevated pleasure highway or boulevard structure, substructure, or superstructure is more than 25 feet from the abutting property line (ibid.).

Same; location, construction, etc.; regulations; powers of park board. The location, design, construction, maintenance, and control of any such improvement are vested in the board of park commissioners. The board may make and enforce rules and regulations for the use, care, control, and maintenance of the improvement, and may, where the public good will not be impaired, enter into agreements and contracts concerning the leasing of such portions of the substructure, structure, or superstructure as may not at the time be used for public purposes (ibid.).

Same; acceptance and use of funds. For the purpose of defraying, in part, the cost of making any such improvement the board may accept and use any funds made available for the purpose (1) by an appropriation of the Federal Congress; (2) by an appropriation of the State general assembly; (3) by an appropriation of the county board of any county in which the improvement or a part thereof is