in number to 25 percent of those who voted at the last regular municipal election. For the establishment of community center houses and recreation grounds, the petition must be signed by 15 percent of the resident freeholders of the district within which the same is to be constructed. The council may reject a petition for a community center, or change the area of any district petitioned for. Each proposition mentioned must be submitted on a separate ballot, but not more than one of such propositions may be submitted at the same election. As a part of each proposition so submitted, there must be stated on the ballot the amount of indebtedness to be contracted, if any; the amount of bonds to be issued, if any; and the annual rate of tax to be levied, if any, for the payment of bond principal and interest. A majority of all votes cast on the particular question is sufficient to authorize the municipality to contract the indebtedness. If the question for the establishment of community center houses or juvenile playgrounds fails to secure the requisite majority, it may not again be submitted at an election for 2 years (ibid.).

PARK COMMISSIONERS

Election; appointment. There must be elected at the regular municipal election in each city containing a population of 40,000 or over, and all other cities and towns may, by ordinance, provide for the election of three park commissioners to serve for 6 years, one to be elected at each regular election, except that those first electe1 are to hold office respectively for 2, 4, and 6 years, their respective terms to be decided by lot. In all cities not having park commissioners the ordinance establishing the same is not to become effective until it has been submitted to the voters at a special or regular mu nicipal election and approved by a majority of the votes cast. Upon approval of the ordinance the city council may appoint three park commissioners to hold office until the next regular city election (ch. 293).

Residence requirement; qualifications; organization; compensation. Where any city contains more than one organized township, at least one commissioner must be a resident of each township. The commissioners must qualify within 10 days after their election by taking the oath of office and organize as a board by electing one of their number as chairman and one as secretary. Each commissioner, except in cities of the second class and towns, must give bond in the penal sum of $1,000, conditioned for the faithful discharge of his office. Sureties are to be approved by the council. The city treasurer is to be the treasurer of the board but is to receive no compensation for his services as such. Each of the commissioners is to receive such salary as is fixed by the council, not to exceed in the aggregate annually $10 for each 1,000 population or fraction thereof, the compensation to be paid out of the park fund (ibid., as amended by ch. 155, Acts of 1939).

Tax levy. The board must annually determine and fix the amount or rate, not exceeding 5% mill on the dollar on the taxable valuation, to be levied, collected, and appropriated for the ensuing year for general park purposes, and certify the same to the city council which must levy such tax or so much thereof as it may deem necessary to

promote park interests. In cities having a population of over 2,500 the board is further authorized to submit to the electors the question of the levy of an additional tax for park purposes, not to exceed 114 mills on the dollar on all taxable property, over any term of years not exceeding 30, to be used exclusively for purchasing and paying for real estate and permanently improving the same and lands theretofore acquired for park purposes. The board may anticipate the collection of the additional tax, and may issue park certificates or bonds. The proceeds of such tax are to be kept as a separate fund and used exclusively for the authorized purposes. In cities of the second class having a population in excess of 7,000, and having 200 or more acres devoted to and set apart for park purposes, the park board may determine and fix an additional amount or rate for general park purposes, not exceeding 3% of a mill on the dollar, to be levied, collected, and appropriated for the ensuing year for general park purposes (ibid., as amended by ch. 156, Acts of 1939).

Park fund; how expended.-No money of the park fund may be appropriated or expended for any purpose except as herein provided; and when any annual tax or part thereof has been pledged for the payment of any bonds or the interest thereon, such tax must be devoted to no other purpose. The park fund may be used--

(1) In purchasing or acquiring real estate for park purposes, including streets or highways to connect one park with another, or to connect a park with streets or highways, or for other purposes necessary and incident to the establishment and maintenance of parks and paving streets adjacent thereto;

(2) For the purpose of improving and maintaining the same and defraying the necessary expenses connected therewith, including the compensation of the board, its officers, and employees;

(3) For the payment of one or more park policemen recommended by the board and appointed by the mayor;

(4) For the purpose of paying for the necessary lights as fixed by the board; also for such water supply as may be necessary in the parks (ibid.).

Acquisition of real estate. The park board may acquire real estate within or without the city for park purposes by donation, purchase, or condemnation, taking title to the same in the name of the board in trust for the public, and may hold the same exempt from taxation (ibid.).

General powers. Subject to the approval of the council, the board may sell, exchange, or lease any real estate acquired by it which is found unfit or undesirable for park purposes; must keep a record of all transactions; and except as otherwise provided, exercise exclusive control of all parks and pleasure grounds acquired by it or any other ground owned by the city and set apart for like purposes: may make contracts, sue, and be sued; may incur no indebtedness in excess of the amount of taxes already levied and available for the payment thereof, except bonds authorized; may lease under reasonable rules and requirements a particular park or part thereof for a period not in excess of 10 days to charitable, fraternal, and patriotic organizations for the purpose of permitting such organizations to conduct celebrations, anniversaries, and entertainments. Detailed reports of the amounts of money expended and the purpose

for which used must be made to the council annually (ibid., as amended by ch. 159, Acts of 1937)

Bonds; mortgages. For the purpose of paying for real estate the board may issue bonds in amounts needed; provided, however, that the annual interest on the aggregate of such bonds outstanding may not be in excess of sums as follows:

(1) For towns and cities of less than 25,000 population, a sum equal to the proceeds of a tax of five-sixteenths mill on the dollar of the aggregate taxable value of property subject to taxation;

(2) For cities of 25,000 population or more, a sum equal to the proceeds of a tax of seven-sixteenths mill on the dollar of the aggregate taxable value of property subject to taxation.

Bonds issued constitute a lien upon all the real estate acquired therewith or with the proceeds thereof. The board is empowered to mortgage any real estate purchased or controlled by it for park purposes to a trustee for the purpose of securing the payment of the bonds, and after the issuance there must be pledged for the payment of interest such amount of the annual tax levied as is necessary to make such payment. The residue of the tax may be used for the payment of the bonds, for the purchase of real estate, or for the permanent improvement of the park and pleasure grounds. Bonds issued must mature in not less than 5 or more than 30 years from date (ibid.).

Jurisdiction. The jurisdiction of the board extends over all lands used for parks within or without the corporate limits, and all city and town ordinances have full force and effect in and over the territory occupied by the parks (ibid.).

Rules and regulations. The board may prescribe rules and regulations for the government of the parks and public grounds under its control and persons resorting thereto. Such rules and regulations become effective when entered in the record of the proceedings of the board and when a copy signed by the commissioners has been posted at each gate or principal entrance to any park or public grounds. Willful violation thereof constitutes a misdemeanor, punishable by a fine not exceeding $100, or imprisonment in the county jail not exceeding 30 days (ibid.).

City engineer; poles and wires.-The board is entitled to the services of the city engineer, when requested, without expense. It is empowered to regulate or forbid the erection of poles or the stretching of wire for electric light, street railway, or other corporations or persons in the parks, or in or along streets or highways, or over public places laid out or controlled by it (ibid.).

Defacement of trees.-Any person who, except by the authority of the commissioners, cuts, breaks, or defaces any tree or shrub growing in any park, or any avenue thereto, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $100 or imprisonment in the county jail not exceeding 30 days (ibid.).

Application to other cities. The provisions of chapter 293 are applicable to cities and towns organized under the city manager plan (ch. 328); also to special charter cities (ch. 329).

Transfer of funds.-Cities having a population of 8,800 or less and towns may make either temporary or permanent transfers from the

grading fund, improvement fund, sewer fund, waterworks fund, gas or electric plant fund, gas or electric light or power fund to any of said funds or to the park fund, by resolution concurred in by a unanimous vote of the council, if approved by a judge of the district court in the county wherein such city or town is located, at a hearing had on a day to be fixed by the judge. In no case may the transfer of funds be made where as a result of the transfer more money is placed in any one fund than would have been placed therein by the levy of the maximum millage provided therefor (ch. 317).

TOWNSHIPS

PARKS

Gifts and donations.-Civil townships are empowered to receive by gift, devise, or bequest money or property for any public purpose. All such gifts, devises, or bequests are effectual only when accepted by resolution of the township trustees (ch. 283).

Park tax. The trustees are required annually to levy a tax sufficient to pay for the improvement and maintenance of public parks acquired under the provisions of the preceding paragraph (ibid.).

CITIES; TOWNS; COUNTIES; INDIVIDUALS;
CORPORATIONS

MANAGEMENT OF STATE PARKS

Agreements. The State Conservation Commission may, subject to the approval of the executive council, enter into an agreement or arrangement with the board of supervisors of any county, or the council of any city or town, for the care and maintenance of any State park. Counties, cities, and towns are authorized to maintain such parks, and to pay the expense from the general fund (ch. 87).

Expenditures by cities. Any one or more cities or towns may expend money to aid in the purchase of land within the county for State parks which, when purchased, is to become the property of the State, to be cared for as State parks. The amount to be paid by the municipality or municipalities may in no event exceed one-half of the total purchase price of the land involved in any single purchase, nor may the total amount so paid in any single purchase exceed the sum of $50,000. Payment may be made out of the general fund, or the park fund, or bonds may be issued and a tax levied for the payment of bonds and the interest thereon (ibid.).

Powers in municipalities, etc.—Municipalities, individuals, or corporations organized for that purpose only, acting separately or in conjunction with each other, may establish parks outside the corporate limits of cities or towns; and when established without the support of the public State parks fund, the municipalities, corporations, or persons establishing the same are to have control thereof independent of the executive council. No parks may be established, maintained, or operated for pecuniary profit (ibid.).

250559-41-14

SCHOOLS AND SCHOOL DISTRICTS

PUBLIC RECREATION AND PLAYGROUNDS

Establishment; maintenance; supervision.-Boards of school directors in school districts containing or contained in cities of the first or second class, cities under special charter, or cities under the commission plan of government are authorized to establish and maintain for children, in the public school buildings and on the school grounds under their custody and management, public recreation places and playgrounds and necessary accommodations for same, without charge to the residents of the school district; also to cooperate with the commissioners or boards having the custody and management in such cities of public parks, buildings, and grounds of whatever sort; and by making arrangements satisfactory to the boards controlling the public parks and grounds, to provide for the supervision, instruction, and oversight necessary to carry on public educational and recreational activities therein and thereon (ch. 229).

Tax levy; petition; submission. The board of directors of the school district may, and, upon petition to that effect signed by voters aggregating not less than 25 percent of the number voting at the last preceding school election, must submit to the electors of the school district the question of levying a tax as provided in the following paragraph. If a majority of the votes cast favor the proposition, the school board must proceed to organize the work as authorized and to levy a tax therefor as provided in the following paragraph. If at the time of filing the petition it be more than 3 months till the next regular school election, the question must be submitted at a special election within 60 days (ibid.).

Levy; collection; limitation.-Boards of school directors in such districts must annually fix and certify to the board of supervisors the amount of money required for the next fiscal year for the support of the aforementioned activities. The board of supervisors must levy and collect a tax upon all taxable property in the district equal to the amount of money so required. Such tax may not in any 1 year exceed one-half mill. After the question of the levy has been submitted to and approved by the voters, the authority is to continue until such time as the voters by a majority vote order its discontinuance, and it may not be resumed unless again authorized as in the first instance (ibid.). Appropriation by city. The city council or commissioners may appropriate from the general funds and turn over to the board of directors of the school district any reasonable sums of money which they may desire to be used for the aforementioned purposes (ibid.).

Public squares transferred for school purposes. The people of any town located within an independent school district, wherein is situated a public square or plat of ground deeded or dedicated to the town or public, may transfer or rededicate the square or plat to the school district for the purposes of a public school lot, or for playgrounds in connection with a public schoolhouse (ch. 321).

NOTE.-Chapter references, unless otherwise indicated, are to Code of Iowa,

1935.