CITIES OF THE FIRST CLASS
(COMMISSION FORM OF GOVERNMENT)

PARKS, PARKWAYS, PLAYGROUNDS, AND BOULEVARDS

Acquisition of land; park superintendent. The board of commissioners of all such cities may purchase and condemn land for parks and parkways; is vested with general supervision and control of the same, whether situated within or without the city limits; and may employ a superintendent of parks and all other officers and employees necessary to the proper supervision and maintenance of all parks (ch. 13, art. 25).

Certain cities; tax levy; park fund.-All cities having a population of more than 40,000 and less than 75,000 have similar powers as to parks, parkways, and playgrounds; and may levy an annual tax not exceeding 1 mill on the dollar to be used exclusively in the acquisition, improvement, and maintenance of the same. The revenue derived from such tax is to be kept in a separate fund to be known as the park fund. In no case may any debt be incurred beyond the amount of cash actually available in the park fund, or which becomes available during the current fiscal year (ibid.).

Same; acquisition of lands; assessments; bonds. The board may purchase and condemn all lands which it may declare to be necessary for the improvement of the city for parks, parkways. and playgrounds; and is empowered to lay out, establish, and improve the same. Payment for any such land purchased, condemned, or improved is to be made from the proceeds of special assessments or improvement bonds based on such special assessments. After acquiring land for such purposes, and after contracting for its im provement, the city must apportion and levy assessments for the full cost of the lands and improvements. The proportion or amount of benefit to the public generally is to be assessed against the city at large, and the remainder of the cost is to be assessed against the lots and pieces of land determined to be specially benefited. The board of commissioners may issue improvement bonds of the city for the full cost of the land and improvements for which special assessments are levied and may levy assessments for the payment of the bonds. The levy made within the district specially benefited by such improvements is to be in direct proportion to the special benefit derived by such improvement, and the levy on all property without the district specially benefited must be uniform (ibid.).

Certain cities; annexation of lands for parks, etc.-All cities of less than 58,000 population, upon the presentation of a petition signed by 2% of the resident taxpayers, may annex for park, playground, and boulevard purposes any platted or unplatted lands that will form contiguous territory with the city boundaries. Cities having a population of more than 45,000 and less than 58,000 may annex for similar purposes any platted or unplatted lands lying within 5 miles of the corporate limits. The power to make police regulations for the preservation of order and for the supervision, maintenance, and government of the areas and all other general powers is extended to such territory, except that the same is subject to taxation by the city only for park, playground, and boulevard purposes (ibid.).

Same; condemnation; bonds and assessments.-The city may purchase and condemn all lands in such territory annexed for such purposes which it may declare to be necessary for the improvement of the city for park, playground, and boulevard purposes, and may lay out and establish parks, playgrounds, and boulevards in and through such territory, and improve, grade, pave, macadamize, gutter, or curb the same. Payment for any such land purchased, condemned, and improved is to be made from the proceeds of special assessments, general improvement bonds based on such special assessments, and general improvement bonds of the city for the amount assessed against the city for the benefit of the city generally. The credit of the city is to be pledged for the payment of all bonds issued (ibid.).

Same; taxation. All property annexed for the foregoing purposes is subject to the annual tax levied for the acquisition, improvement, and maintenance of public parks, but all revenue so derived must be kept separate and used only for supervision and maintenance of the parks, playgrounds, and boulevards in such territory (ibid.). Same; disposition of land.-Whenever the board of commissioners determines that any real estate so acquired is not necessary or desirable to be used for the purposes for which acquired, it may lease or dispose of the same upon such terms and in such manner as may be deemed for the best interests of the city and apply the proceeds toward the redemption of bonds issued for the cost of lands and improvements, proportionally in reduction of the special assessment against specific property remaining unpaid and the general bonds of the city issued for its share of such cost. If the lands are not sold until after the payment of special assessments and bonds, the proceeds are to become a part of the supervision and maintenance fund for parks, playgrounds, and boulevards in the territory (ibid.). Certain cities; disposition of parks and playgrounds adjoining railroads. The board of commissioners of any city having a population of 100,000 may trade, exchange, or sell and convey any parks or playgrounds and equipment when the same adjoin the right-ofway of a steam railway, the title to which has been acquired by condemnation or deed, without being specially authorized by vote of the electors, whenever in the judgment of the board it is in the public interest so to do, upon such terms as may seem just and proper, and provided the sale price be not less than the cost of such parks or playgrounds and equipment to the city. Funds derived from any such sale are to be placed in the park funds of the city, and to be used only for the purchase and equipment of another park or playground. In the event of a trade or exchange, the same must be made for land in the vicinity of the park or playground traded or exchanged (ibid.).

DEPARTMENT OF PARKS

Certain cities; organization.-All cities of more than 50,000 inhabitants are required to have and maintain a system of public parks, parkways, and boulevards; and are authorized to establish, acquire, and maintain public parks, parkways, and boulevards, and to regulate the construction, improvement, and use of the public parks, parkways, boulevards, streets, bridges, viaducts, public build

ings, grounds, and places. To carry out such purposes, there must be organized an executive department of the city to be known as the department of parks, the affairs of which are to be under the immediate control and management of the commissioner of parks and public property (ch. 13, art. 25).

Superintendent of parks; appointment. The board of commissioners is required to appoint some suitable person as superintendent. of parks (ibid.).

General powers and duties.-The powers and duties of the board of commissioners respecting the acquisition, operation, and maintenance of parks, parkways, and boulevards conform to the powers and duties vested in the board of park commissioners in cities of the first class under mayor and council government (ibid.).

Limitation on bond issues; certain cities. No city having a population of 115,000 or more inhabitants may issue general bonds of such city to exceed in amount the sum of $20,000 in any 1 calendar year; and the total amount of general bonds may not exceed in amount 1 percent of the assessed value of all the taxable property of the city. By the term "general bond" is meant bonds which are to be paid by a general tax upon all taxable property situated in any one or more park districts. When general bonds are to be issued on account of the cost of improving, widening, or extending any boulevards, the board of commissioners must determine the amount of general benefit by reason of such improvement, and may not issue general bonds in excess of one-half of said amount, and must levy special assessments for the full amount of all special benefits by reason of such improvements against the land specially benefited thereby, not to exceed in any instance the amount of such special benefits (ibid.).

CITIES OF THE FIRST CLASS OF CERTAIN POPULATION

NEIGHBORHOOD PARKS AND PLAYGROUNDS

Acquisition of grounds; bonds.-The governing body of any city having a population of more than 120,000 may acquire by purchase, gift, or condemnation grounds for the construction of neighborhood playgrounds and parks, and improve and reimprove the same so that they may be convenient for recreational use by the inhabitants of the city. City bonds payable over a period of 10 years may be issued to pay the cost of the purchase of the sites and improvements (ch. 13, art. 13).

Reference to planning commission.-Whenever the governing body determines it necessary to establish any new park or playground, or both, in any particular district of the city, the matter must be referred to the city planning commission, or a special commission appointed by the governing body in the absence of a planning commission, to make a survey and recommendations covering, among others, the following matters: (a) Is there a necessity and demand for such recreational facilities in the neighborhood of the proposed park or playground? (b) Are existing facilities so located as to provide for reasonably adequate recreational facilities without the establishment of the park or playground provided for? (c) Will such additional facilities be convenient and usable and will they supple

ment and supply needed facilities for schools located within the neighborhood? (d) Are the proposed facilities planned to be located so as to meet the existing and reasonable future demand of such neighborhood at the most reasonable cost of acquiring the land and improving, developing, and equipping such park or playground? The commission must also report such other findings and recommendations as in its judgment are necessary and proper. Immediately upon the matter being referred to the commission it must set a date for a hearing upon the matters submitted and give notice of same by publication. The commission must file its report with the board of city commissioners within 100 days following receipt of such reference (ibid.).

Action by governing body; referendum.-Upon receiving a favorable report, the governing body may in its discretion initiate a proceeding to acquire the site and improve the same. No such proceeding may be initiated until an estimate of the cost has been made by competent persons appointed by the governing body as to the cost, separately, first, of acquiring the proposed site; second, of the cost of improving the same. Any ordinance passed by the governing body in the condemnation proceedings must set forth the amount of such estimate, and also contain the information that general improvement bonds of the city will be issued and sold to provide funds to pay for the site and its improvement. No proceeding for the condemnation or improvement of the site may be initiated until the question of the condemnation or the improvement and the issuance of bonds has been submitted to the electors and approved by a majority vote (ibid.). Limitation on expenditures. Not more than three parks and playgrounds may be so acquired in any 1 calendar year, and not more than $50,000 of general improvement bonds may be issued for the purpose of acquiring any parks and playgrounds in any 1 year. General improvement bonds not to exceed $50,000 in any 1 year may be issued for the purpose of improving or reimproving the facilities contained in existing parks, or any new parks or playgrounds. Additional grounds may be purchased to enlarge any existing park and playground area (ibid.).

CITIES OF THE SECOND CLASS

PARKS COMMISSION

Composition; reports.-Every city of the second class establishing city parks may perform all the duties and exercise all the powers granted and imposed upon it through a city park board composed of five members. One member must be the mayor or a councilman or a commissioner, who is designated as ex officio chairman; the other four members must be resident taxpayers, appointed by the mayor, and must serve without compensation. No member may be related by blood or marriage to the mayor, to any member of the council, or to any officer of the city government. The term of members first appointed is to expire at the expiration of the term of the appointing mayor; thereafter members are to serve for 2 years unless sooner removed by the mayor. The commission must make annual reports of all its proceedings and the condition of the parks to the governing body (ch. 14, art. 5).

Parks; forestry and band tax.—For the purpose of maintaining the parks the governing body may levy a "public parks tax" in accordance with the recommendation of the commission, not to exceed 1 mill on each dollar of the valuation of all taxable property in the city. A tax of one-fourth mill on the dollar may also be levied for forestry purposes, together with one-half mill for a band without an election, and 1 mill with an election. Cities of the second class having a population of over 10,000 may use money from the general improvement fund in constructing walks in and along public parks and in caring for and improving the parks (ch. 79, art. 19).

Develop utility lands for parks; leases. Any city of the second class operating under the commission form of government and having a population in excess of 12,000, and any such city having a population of not less than 17,000 or more than 20,000, with a prescribed assessed tangible valuation, owning land outside the corporate limits, part or all of which is used in connection with any utility operated by it, may develop and use part or all of such land for park and recreational purposes and incidental uses, and is granted the same police power over such territory as though it were within the corporate limits. The city may lease portions of such land for private camping or cabin sites and incidental uses. Such leasehold, but not the city's reversionary interest, is subject to taxation. Operations under the Act are deemed to be within the city's governmental capacity and liability (ch. 14, art. 20).

Commission form of government; control of parks. In cities of the second class operating under the commission form of government the commissioner of streets and public utilities is vested with supervision, construction, and maintenance of public parks (ch. 14, art. 13).

CITIES OF THE THIRD CLASS

PARKS; FORESTRY

Authority; referendum. The governing body of any city of the third class may establish and maintain a park, and may acquire by purchase or donation lands for such purpose, either within or outside the corporate limits. No lands may be acquired by purchase or tax levy except upon a majority affirmative vote of the electors (ch. 15, art. 9).

Certain cities; platting parks; leases. Any city having a population of not more than 1,000 or less than 500, and a prescribed assessed valuation, may plat into blocks and lots any portion of the real estate located in such park, and sell and make deeds and conveyances to purchasers of the same without submitting the question to a vote of the electors, and apply the proceeds of sales to the payment of the bonds issued for the acquisition of the park. After all bonds are paid, the city must use the proceeds of the sale for the improvement and maintenance of the park. Any such city may use any lake located in the park as a source of water supply for the park or city, or both (ibid.). Park and forestry; tax.-A tax of 1 mill on the dollar may be levied for the acquisition, improvement, and maintenance of parks; also one-tenth mill for forestry purposes (ibid.).

Regulations. The governing body may by ordinance provide all necessary rules and regulations for the protection of public property