ATHLETIC FIELDS AND STADIA Authority. Every city or town may acquire by gift, purchase, or condemnation lands for athletic fields and civic stadia within or without the corporate limits; establish and regulate the same; and exercise municipal jurisdiction over the lands so acquired which are without the corporate limits to the same extent as though they were within the corporate limits. Lands owned by the municipality may be used for similar purposes (ch. 393). CITIES; TOWNS; SCHOOL DISTRICTS RECREATION AND PLAYGROUNDS Authority; cooperation.-Any city or town, including any board of park commissioners, may expend funds from the band fund and the park fund of such city or town, and any school district, or board thereof, may cooperate, for the purpose of operating a program of public recreation and playgrounds, and acquire, equip, and maintain land, buildings, and/or other recreational facilities. Any such city, town, school district, or any board thereof, including the board of park commissioners, may operate such a program independently, or may cooperate in its operation and conduct with any other body authorized herein to conduct such a program in any manner upon which they may mutually agree; or it or they may delegate such operation to a board of recreation created by any city, town, school district, or any board thereof, including any board of park commissioners, operating or proposing to operate a program independently or with any cooperating bodies in such manner as they may agree. All moneys appropriated for the purposes of such program may be expended by such board (ch. 71, Laws of 1939). Gifts; directors, etc.-Any such corporation, board, or body may accept gifts and bequests in the name or names of the sponsors of such program, as such sponsors may agree, for the benefit of such recreational work; may employ directors and instructors; and may conduct its activities on (1) property under its custody and management; (2) other public property, with the consent of the body having control of same; (3) on private property, with the consent of its owners (ibid.). Use of school property.-Where school property is utilized, the State board of education may establish minimum qualifications of local recreational directors and instructors; and prepare, publish, and distribute adequate and appropriate manuals and other materials to carry on the recreational program. The use of school facilities for recreational purposes herein authorized must be secondary to the regular school curriculum (ibid.). COUNTIES RECREATION; CAMPING Acquisition of land. The several counties are authorized and empowered to acquire by purchase, grant, deed, gift, devise, condemnation, or otherwise lands in one tract suitable for public camp 250559-41—21 ing and public recreational purposes; or may lease such tracts, each of which must be so situated as to offer ready access to a public highway (ch. 343). Use of land; expenditures.-All lands so acquired are required to be set aside and used exclusively for public camping and recreational purposes. Each park must be given an appropriate name or number. No county (excepting those of the first, second, third, fourth, or fifth class) may expend to exceed $250 for the purpose of acquiring and equipping parks, or expend to exceed $50 per year for maintenance. Any county, whatever its classification, may expend not to exceed $300 per year for maintenance of any park if at the time of such expenditure any Government Civilian Conservation Corps camp or emergency conservation_camp, or any other camp created for recreational purpose by any Federal agency, be established and maintained in such county (ibid.). Convey land for park to State or United States.-Any county may convey to the State or to the United States any tract of county owned land not exceeding 1,280 acres, to be used for the establishment and maintenance of a park, to be maintained by the State or the Federal Government as a public park or recreational grounds. The land is to be deeded without charge, but upon the condition that if it cease to be used for such purposes for a period of 5 years title is to revert to the county (ch. 346). NOTE. Chapter references are to Revised Political Code of Montana, 1935. NEBRASKA Municipalities classified.-All cities having a population of 100,000 inhabitants or more are cities of the metropolitan class; those having a population of more than 5,000 and less than 100,000 are cities of the first class; all cities, towns, and villages having a population of more than 1,000 and less than 5,000 inhabitants are cities of the second class. Any town or village containing not less than 100 or more than 1,500 inhabitants, and any city of the second class having adopted village government, are villages (ch. 14, art. 1; ch. 15, art. 1; ch. 16, art 1; ch. 17, arts. 1 and 2). Home rule charters.-Any city having a population of more than 5,000 inhabitants may frame a charter for its own government, consistent with and subject to the Constitution and laws of the State. The charter of any city having a population of more than 100,000 inhabitants may be adopted as the home rule charter of such city (Constitution, art. XI, secs. 3 and 5). CITIES OF THE METROPOLITAN CLASS RECREATION SYSTEM Welfare board; authority.-In each such city there may be a board of public welfare with power, subject to such limitations as may be prescribed by the city council, to provide a unified and comprehensive recreation system, and to supervise the same (ch. 14, art. 1). Use of school buildings and grounds.—Whenever the city council authorizes such board to take charge of any part of the recreation system, it may also authorize the board to take charge of and utilize the buildings and grounds under the control of the board of education, with the consent of the latter board (ibid.). Department of parks and public property; powers and authority. The executive and administrative powers, authorities, and duties are distributed among seven departments, including a department of parks and public property. The council must provide the powers and duties to be exercised and performed by, and assign them to, the appropriate departments. A councilman is superintendent of each department (ibid., art. 2). Eminent domain; assessments; bonds.-The city council may purchase, or acquire by the exercise of the powers of eminent domain, private property or public property, which is not at the time devoted to a specific public use, for parks, playgrounds, and for the purpose of adding to, enlarging, widening, or extending the same. The power to purchase or appropriate private or public property for such purposes may be exercised within the corporate limits or within 75 miles of same. Whenever it becomes necessary to appropriate property as above, the council must appoint three disinterested freeholders to appraise and assess damages sustained by the taking, and to make awards of such damages. When the purchase or appropriation appraisal does not exceed $100,000, the council may confirm or reject the same. If it be confirmed, payment of the awards is to be made, and for the purpose of making payments special taxes and assessments are to be levied on the properties benefited by the improvement. If such levy be insufficient to pay the full cost of the improvements, the council may issue bonds. If the amount of the appraisal exceeds $100,000, the council must approve or reject the same. If the report be approved, the council must appoint a committee of not less than three of its members to examine and investigate the proposed improvement to determine the amount of special benefits which would result if carried forward, and report its findings to the council, stating the total amount which in its judgment and within its findings may be assessed as special benefits. The council may approve the report, or it may increase or reduce the amount, or otherwise alter or modify it, or may reject it. If rejected, a new or further report may be called for or the proceedings may be abandoned. If the amount finally approved does not equal or exceed 90 percent of the amount of the appraisal, the proceedings must be abandoned unless and until authority has been obtained from the electors to issue bonds to pay the excess of the costs over the amount which may be assessed as special benefits. Whenever the approved appraisal exceeds the sum of $100,000 and the approved amount which may be assessed as special benefits exceeds 90 percent of the amount of the appraisal, the council may issue bonds without a vote of the electors for the purpose of paying the difference between the amount of the approved report and the amount which may be taken care of by special assessments. Whenever property is acquired for parks, playgrounds, parkways, or boulevards, title thereto is vested in the city immediately upon final confirmation of the appraisal (ch. 14, art. 3). Recommendations of planning commission; excessive acquisitions; disposal.-Upon recommendation of the city planning commission (which commission the council is required to appoint) the city may acquire by gift, purchase, or condemnation real estate for establishing, laying out, and enlarging waterways, streets, boulevards, parkways, parks, playgrounds, and for other public uses, and for reservations in, about, along, and leading to the same. After the completion of the improvements it may convey any real estate thus acquired and not necessary for such improvements, with or without reservations concerning the future use and occupation of the real estate, so as to protect the improvements and the environments, to preserve the view, appearance, light, air, and usefulness of such public works, and to promote the public health and welfare (ibid.). Park bonds.-Park bonds may be issued for the purpose of improving lands, lots, or grounds purchased, appropriated, or acquired for parks, parkways, boulevards, or playgrounds. The council may issue in any 1 year and without a vote of the electors $100,000 of such bonds, and may issue not to exceed $250,000 of such bonds in any 1 year provided the same is authorized by a three-fifths vote of the electors at a general or special election. A part of the proceeds from the sale of the bonds may be used to pay for improvements upon streets, sidewalks, or thoroughfares abutting upon or immediately adjacent to parks, parkways, boulevards, and playgrounds when such costs would otherwise be chargeable to the city (ch. 14, art. 5). Personal injury claims.-No such city is liable for damages arising from public parks or other public places within the city unless written notice, describing the accident and the nature and extent of the injury complained of, and describing the defects causing the injury, and stating the time when and with particularity the place where the accident occurred, be proved to have been filed with the city clerk within 10 days after the occurrence of the accident or injury. It is the duty of the city clerk to file such notice and keep a record showing the time when and by whom the notice was given, and he must forthwith report the filing of the notice to the city attorney, transmitting a copy of same to him (ch. 14, art. 8). PLAYGROUNDS AND RECREATION CENTERS Tax levy.-Not to exceed one-fourth mill upon the dollar of actual valuation of all property within the city may be levied for the purpose of establishing a recreation fund to be used for the purchase, establishment, management, equipment, and maintenance of playgrounds and recreation centers, including the necessary buildings therefor. The fund is to be disbursed under the direction and supervision of the local governing body of the city in conjunction with the local governing body of any other governmental subdivision wholly or partially within its corporate limits when a plan has been submitted and approved by the electors. If the school district situated wholly or partially within the city submits a plan and makes a levy for a similar purpose, the city may not submit a plan or proposal for such a levy so long as such plan is in operation. No levy may be made for such purposes unless the proposition to make the levy and the plan to dispose of the fund be sanctioned by 60 percent or more of the voters of the city either by petition, or by 60 percent or more of the votes cast on the proposal submitted at a general municipal election (ch. 14, art. 5). CITIES OF THE FIRST CLASS PARKS General powers. All such cities may purchase, hold, improve, protect, and preserve public parks and public grounds, within or without the city limits. The power of eminent domain may be exercised within or without the city to take private property for public use (ch. 15, art. 3). Improvement, etc.-The mayor and council may open, widen, or otherwise improve, vacate, care for, control, and rename any parks, squares, or avenues within the city limits (ch. 15, art. 7). Park-improvement tax.-The council may levy a tax not to exceed 5 mills for the purpose of purchasing, holding, and improving public grounds and parks, park extensions and improvements, and university campus extensions (ibid., art. 8). Park bonds.-Money may be borrowed on the city's bonds to an amount not exceeding $100,000 for the purpose of purchasing and im |