recreational facilities and business and industrial conditions of the community (ch. 9).

Combined recreation council; membership; powers.-Villages may by resolution passed by a majority vote of each governing body create a nonsalaried recreational council consisting of two members of each body, to be known as a combined recreational council, with authority to maintain recreational activities, but without authority to incur any obligations except as expressly authorized by the respective governing bodies, each of which may set apart a budget for such combined expenditures and designate the proportionate amount to be met by each (ibid.).

Same; village and school district.—Any village authorized by law to expend money for recreational purposes, which is located within the territorial limits of any independent school district which is also authorized by law to expend money for recreational purposes, may combine with such district to create a combined recreational council (ibid.).

BOARD OF PARK COMMISSIONERS; PARKS AND PARKWAYS

Creation; certain villages.—Any village located in any county having a population exceeding 225,000 inhabitants may create a board of park commissioners to acquire, govern, and administer lands for parks and parkways (ch. 9).

Submission to voters.-The council may submit to the voters the question of establishing a park and parkway system and the election of a board of park commissioners. If the question is adopted by a majority vote, the three candidates receiving the highest number of votes are to constitute the board. The one receiving the highest vote is to hold office for 3 years; the one receiving the second highest, for 2 years; and the one receiving the third highest, for 1 year, and until their respective successors are elected. Thereafter, one commissioner is to be elected at each annual election to serve for 3 years. Vacancies are to be filled by the council until the next annual election, when a commissioner is to be elected for the unexpired term. The board members must elect one of their number annually as chairman, and make rules for their meetings and for the conduct of their business (ibid.).

Powers and duties.—It is the duty of the board to devise and adopt a system of parks and parkways, and from time to time to add thereto; it may acquire lands by gift, devise, lease, purchase, and dedication; govern and administer the same as parks and parkways; and ordain and establish rules and ordinances to secure the quiet, suitable, and appropriate use of same (ibid.).

Tax levy; park fund; what land may be taken; regulating traffic. The village council, upon request in writing signed by all members of the park commissioners, and without any election by the voters of the village, may at any time issue warrants of the village in such amount and denomination as it may deem proper and expedient, and may sell the same without public notice, not exceeding in total amount at any time outstanding the sum of $2,000. No warrants may be issued or sold which, with the indebtedness of the village then existing, exceed 15 percent of the assessed valuation of the tax

able property of the village. The warrants may run for a period not exceeding 10 years. When warrants are issued, the village must annually levy taxes sufficient to pay the interest thereon and to provide a fund to pay the principal at maturity. In addition to the village taxes necessary for such fund, the council must annually levy such sum as it deems necessary, not to exceed 2 mills upon the dollar of taxable property of the village, as a village park fund, to be expended in the acquisition, maintenance, and improvement of parks and parkways. The board of park commissioners may, with the consent of the village council, take any land within the village which has been acquired or dedicated as a public park or common, and administer and govern the same as if acquired by purchase; and, with like consent, take and administer as a parkway any street or highway, and regulate, control, and govern the traffic thereon and exclude therefrom all vehicles excepting those in use for carrying passengers, or impose lesser restrictions thereon as it may deem best (ibid., as amended by ch. 25, Laws of 1939).

PARK DISTRICTS

Certain villages; tax levy.-The council of any village situated in a county having 380,000 or more inhabitants may, by petition of 50 percent of the property holders, divide the village into two or more park districts, and thereafter levy general taxes upon all the taxable property in the respective districts in such respective amounts as may from time to time be fixed by the council, and expend the proceeds for maintaining and improving the public parks situated in the district. Not more than $1,000 may be levied in any district in any 1 year (ch. 9).

Docks, bathhouses, etc.; leases. The park board may erect docks, boathouses, bathhouses, refreshment booths, amusement halls, pavilions, and other structures for the comfort of the people, and operate and administer the same and make reasonable charges therefor; and, with the consent of the council, make contracts and leases for the construction and operation of the buildings for terms not exceeding 10 years. Every such contract and lease must provide that the structure will be operated for the public use and convenience and that the charges will be reasonable. The board may prescribe rules and regulations from time to time for the conduct of the privilege (ibid.).

Lease to private club. In case any park or parkway embraces the shore of any navigable lake, the board may lease to private clubs limited areas in the bed of the lake adjacent to the shore for clubhouse purposes for periods not exceeding 10 years. The space to be occupied by any one private club may not exceed 1 acre, and the clubhouse must be located so as not to interfere with navigation. The lease must reserve to the board full power and authority to make from time to time reasonable rules and regulations to secure quiet and good order on the premises. The lessee in such case may retain the clubhouse for the use of its members and guests. Every area so leased is subject to all the ordinances of the village, and in particular to the ordinance relating to the sale and use of malt and intoxicating liquors (ibid.).

CITIES; VILLAGES; BOROUGHS; TOWNS; COUNTIES;

SCHOOL DISTRICTS

PUBLIC RECREATION AND PLAYGROUNDS

Authority. Any city, however organized, or any village, borough, town, county, school district, or any board thereof, may operate a program of public recreation and playgrounds; acquire, equip, and maintain land, buildings, or other recreational facilities; and expend funds for the operation of the programs (ch. 233, Laws of 1937). Joint operation.-Any city, etc., may operate such a program independently, or they may cooperate in its conduct in any manner in which they may mutually agree; or they may delegate the operation to a recreational board created by one or more of them, and appropriate money to such board. In the case of school districts, the right to enter into such agreements or to delegate power to an operating board must be authorized by a majority vote cast at an annual school election; and expenditures for such purpose are not to be included under maintenance cost in the computation of supplemental aid to the local school district (ibid.).

Authority of operating body; gifts. Any corporation, board, or body given charge of the recreation program is authorized to conduct its activities on property under its custody and management; on other public property under the custody of any other public corporation, body, or board, with its consent; on private property, with the consent of its owners; and may accept gifts and bequests for the benefit of the recreational service, and employ directors and instructors of recreational work (ibid.).

Use of school funds or property; requirements. In all cases where school funds or property are utilized, the State board of education must establish minimum qualifications of local recreation directors and instructors, and prepare or cause to be prepared, published, and distributed adequate and appropriate manuals and other materials as it may deem necessary or suitable to carry out the provisions of the chapter. The facilities of any school district operating a recreation program must be used primarily in conducting the regular school curriculum and related activities; the use of the facilities for recreational purposes is secondary (ibid.).

COUNTIES

PARKS, PLAYGROUNDS, ETC.

Authority. The county board of each county may acquire by gift or purchase and improve not exceeding 1 acre of land within the county for use as a park, and, when required by the public interest, sell and convey the same. The land may be paid for out of moneys in the treasury or by the issuance of bonds (ch. 7).

Gifts of real property.-Any county may receive by grant, gift, devise, or bequest, and take charge of, own, hold, control, invest, and administer, free from taxation, in accordance with the terms of the trust or the conditions of the gift, any real property not to exceed 40 acres in any one county, for the use and benefit of the inhabitants of the county, or as park or recreation grounds, and in

the encouragement, aid, and maintenance of county cooperative work and education in agriculture and home economics, and in aid and furtherance of the object and purpose of the farm bureau association. Money deemed necessary to maintain suitably, improve, and care for the property, not exceeding the sum of $1,200 in any 1 year, may be appropriated by the county board from the county revenue fund (ibid., as amended by ch. 30, Laws of 1939).

Parks, bathing beaches, etc., in certain counties; bonds, tax levy. Any county having property of an assessed valuation of not less than $125,000,000 and not more than $250,000,000, may acquire by gift, purchase, or otherwise and equip one or more tracts of land within the county for use as a park, bathing beach, picnic or recreational grounds, the purchase, improvement, and equipping to be paid out of the treasury, or by issuing certificates of indebtedness or bonds of the county, in a sum not exceeding $50,000, and for the payment of which, with interest, an annual tax must be levied (ibid.). Parks along public highways. Any county having a population of not less than 200,000 or more than 300,000 inhabitants, and having an assessed valuation of not less than $310,000,000, may acquire by purchase, gift, or eminent domain any timberland suitable for park or recreational purposes lying adjacent to any public highway; improve the same for such use; and annually expend not to exceed $5,000 for such purposes. Any lands so acquired may not extend beyond 200 feet from the outer edge of the highway right-of-way (ibid.).

LAKES, BEACHES

Maintaining water in certain lakes.-Whenever there exists in any county having a population of 400,000 inhabitants or more a navigable lake or lakes wholly or for the greater part within the territorial limits of the county (and not wholly or in part within the corporate limits of any city in the county), the commissioners may annually appropriate $100,000 from the revenue fund for public improvements on, in, or about the lake or lakes as in their opinion may be necessary (ibid., as amended by ch. 455, Laws of 1937).

Acquisition of lands contiguous to water.-Any county may acquire by purchase, gift, or devise land contiguous to the meander line of any navigable lake or stream wholly or partly within the county but not entirely within a city or village, not exceeding 10 acres in area, for public access to the lake or stream; and may improve, equip, and maintain the same as a park and playground (ibid.).

Bathing beach in certain counties. Any county having an assessed valuation of not less than $150,000,000, and having a bonded indebtedness not exceeding $7,000,000, may acquire by gift or condemnation and improve and equip one tract of land within the county for use as a bathing beach (ibid.).

STATE AID PARKWAYS

Designation. The county board of any county may, with the consent of the commissioner of highways and the commissioner of con

250559-41-19

servation, designate as a State aid parkway any established road or specific portion thereof in its county, including portions lying within an established public park or public recreational area, which road connects with a trunk highway and a public park or recreational center outside the corporate limits of any borough, village, or city; and construct, reconstruct, improve, and maintain the same in accordance with the regulations of the commissioner of highways relating to State aid parkways (ch. 13, as amended by ch. 357, Laws of 1939).

FEDERAL AND STATE FORESTS

Building restrictions.-The county board of any county in which there is or may be established a State or Federal forest or a State conservation area may regulate and restrict within the county the location and use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, agriculture, water conservation, forestry, and other purposes (ch. 340, Laws of 1939).

SCHOOLS AND SCHOOL DISTRICTS

Acceptance of Federal aid. In the event that the Congress of the United States enacts legislation providing educational assistance to the States for the purposes of stimulation and improvement of part-time civic, vocational, and general adult education and recreational activities conducted by school systems, at a time when the Legislature is not in session, the Governor may accept the provisions of such act or acts, or such parts or provisions as may be separately acceptable, upon recommendation of the State Board of Education and pending further action by the Legislature (ch. 206, Laws of 1939).

CORPORATIONS

PUBLIC PARKS, PLAYGROUNDS, ETC.

Organization; certain cities excepted. Any number of adult persons, not less than five in number, residing in any city, excepting cities of the first class, may organize a public corporation for the purpose of acquiring, holding, governing, managing, controlling, and improving parks, playgrounds, boulevards, and pleasure drives within and in the vicinity of the city in which they reside. The corporation is to be without capital stock, and is to be governed by a board of directors. The incorporators are required to adopt and sign a certificate of incorporation containing the name of the corporation, its general purpose, and its location; the terms for admission to membership; the names and places of residence of the incorporators; the number of members constituting its board of directors; the date of the annual meeting at which they are to be elected; and the names and addresses of those composing the board until the first election. The certificate must be acknowledged and recorded in the office of the Secretary of State and in the office of the register of deeds in the county where the corporation is located. The mayor and the members of the park committee of the council are to be ex officio members of the board (ch. 58).