after they have been recommended by the board and approved by the council. Subject to the approval of the council, the board may execute trusts imposed upon the use of property or property rights by the deed, testament, or other conveyance transferring the title to the property.

3. Subject to the approval of the council, to buy or lease lands for the foregoing purposes, within or without the city, and with like approval, to sell or exchange property no longer required for its purposes. Upon recommendation of its officers, board, or body having the control and management of its public parks, to acquire by condemnation such lands within or without its corporate boundaries as it may need for the foregoing purposes.

4. To change or improve all parks, parkways, boulevards, or pleasure drives within the city limits controlled by the board at the expense of the real estate to be benefited thereby (ch. 27).

Control in absence of a park board. In any city not having a board of park commissioners, the public parks, parkways, boulevards, and pleasure drives are to be under the charge of its board of public works, if it has such a board; otherwise, they are to be under the charge of its common council. When so in charge, the board or council may exercise all the powers of a board of park commissioners (ibid.).

City plans. In a city having no commission of city plans, the board of park commissioners is vested with certain powers prescribed to be exercised by the former commission (ibid.).

Joint improvements; assessments.-Whenever the council determines to improve any street, avenue, or boulevard, the board, officer, or officers authorized to make the improvement may set apart a portion of same for park purposes, and determine, subject to the approval of the board of park commissioners, if there be such a board, in what manner the portion so set aside is to be improved. The damages and benefits resulting from the entire improvement are to be assessed to the several parcels of land affected thereby (ibid.).

Public concerts. The park board may conduct public concerts within its public parks and pay the expense out of the park fund. A fee for admission may be charged for the purpose of defraying the expense in whole or in part (ibid.).

City forester. The park board may employ a city forester, or may designate a municipal employee to perform the duties of city forester (ibid.).

Lands to promote boating.-Any city owning or acquiring title to any submerged land constituting the bed of any lake, with or without authority to fill in the same for public park and boulevard purposes, may grant and convey to any incorporated yacht club whose principal purposes and objects are developing and encouraging boating, sailing, yacht building, nautical knowledge, or kindred purposes, for its exclusive occupancy, use, and enjoyment, such part of the land as the council may designate, or effect an exchange of the lands with lands owned or occupied by the yacht club corporation. If jurisdiction or control over the lands has been given to the board of park commissioners, then such board must first approve the grant and conveyance (ibid.).

Improvement of lakes and rivers.-Lakes and rivers within the city may be improved and shorelines established so far as existing shores are marshes. Where a navigable stream traverses or runs along

the border of a city, the city may make improvements therein throughout the county in which the city is located in aid of navigation and for the protection and welfare of public health and wildlife (ch. 62).

Same; funds.-Funds to carry out the above-mentioned purposes may be raised by taxation or by bonds (ibid.).

NOTE.

The provisions of chapter 62 are not applicable to cities of the first class under special charter.

Special assessments for parks, etc.-Whenever any change of grade or improvement of parks, parkways, boulevards, or pleasure drives within the limits of any city is proposed by its board of park commissioners at the expense of the real estate to be benefited thereby, it must view the premises and determine the damages and benefits which will accrue to each parcel of real estate by the proposed change or improvement, and the entire cost of same, and thereafter file in its office a preliminary report showing its determinations, give notice by publication that the report is open for review at its offices, and that on a day and hour named it will hear all objections that may be made thereto. Following the hearing, a final report and determination must be made and filed, together with all objections. Notice must be given by publication that final determination has been made and is on file as to the benefits and damages that will accrue to the real estate affected by the proposed change or improvement. The owner of any parcel of land mentioned in the notice feeling aggrieved by the final determination may commence an action in the circuit court to correct or redress the grievance. Any contract already entered into for making the proposed change or improvement is not affected by such action, but a certificate against the real estate in question for the amount of benefits assessed is to be issued. In case the plaintiff succeeds, the difference is to be paid from the funds of the park district. If in any such action the court determines that any special assessment is invalid for any cause, the board must proceed forthwith to make a new assessment to cure the defect (ch. 27).

Nonliability. The city council may make it a condition of the acceptance of any gift of land for parks, parkways, boulevards, or pleasure drives that the same must be constructed and maintained at the expense of private parties until the council votes to maintain them at the expense of the city. Neither the city nor any such private party is liable for any damage resulting from insufficiency in such construction, maintenance, or repair of any parks, parkways, boulevards, or pleasure drives owned by the city and located outside its limits; but the city may cause any of them or any part of either of them which is not in good repair to be closed to the public until the same is put in good repair. At conspicuous points along any such boulevard or pleasure driveway a notice must be placed at intervals not exceeding 1 mile, painted in large, plain letters, as follows: "Any person using this drive does so at his own risk as to defects therein" (ibid.).

Police protection.-Every city may exercise police supervision over all parks, parkways, boulevards, and pleasure drives managed and controlled by its council or by its board of park commissioners. The board of park commissioners must recommend to the council the enactment of such ordinances as it deems necessary to protect and preserve the parks, etc., under its charge, or to secure the

free and reasonable use and enjoyment of the same by the public. Each member of the board of park commissioners and its superintendent are vested with the powers of police officers for the enforcement of all rules and regulations of the board and the ordinances aforesaid (ibid.).

Taxation and finance; annual reports; certain cities.-The board of park commissioners in every city under 150,000 population must annually submit to the council an estimate of its expenditures during the ensuing year, including all necessary incidental expenses, and also an estimate of the amount necessary for the purchase of land for parks, parkways, boulevards, and pleasure drives. Such part of the estimates as the council approves is to be included in the city budget. An annual report must also be made to the council, stating all transactions for the preceding year, together with an itemized account of all receipts and expenditures, a list of employees, and an inventory of property (ibid).

CITIES OF THE FIRST CLASS

Park and boulevard fund; tax; expenditure. The common council of cities of the first class must include in the annual tax levy a tax not exceeding eighty-five hundredths of a mill upon each dollar of the assessed value of taxable property, the amount of the tax to be determined by the board of park commissioners. The entire amount of the tax constitutes a park and boulevard fund, and must be used exclusively for the improvement, maintenance, and control of the parks and boulevards, for the payment of the salaries of the employees, and other proper expenses of the board, except that twotenths of a mill upon each dollar of the assessed value of taxable property must be used by the board solely for the purpose of filling in, improving, and maintaining as a public park or boulevard any strip of submarginal land granted to the city to be managed, controlled, improved, and maintained by the board of park commissioners, and one-tenth of a mill upon each dollar of the assessed value of taxable property must be used by the board solely for the purpose of improving and maintaining any zoological garden which may be managed, controlled, improved, and maintained by the board (ch. 27). Driving exhibitions. The board of park commissioners of any city where there has been established a driving club or similar organization in connection with any park under the control of the board, may conduct horse races and driving exhibitions within its public parks and pay the expenses and cost of trophies therefor out of the park fund. A fee for admission may be charged for purposes of defraying such expenses in whole or in part (ibid.).

CITIES OF THE FOURTH CLASS

Recreational activities; athletic board.-Cities of the fourth class may provide the equipment, supervision, instruction, and oversight necessary to carry on public educational and recreational activities, and for such purpose appropriate annually from the general fund such sums as the council may deem expedient, but not to exceed two-tenths of a mill of the assessed valuation of the city. The mayor,

subject to confirmation by the council, may appoint a board of not less than three or more than five in number as an athletic board to administer the activities and disburse the fund. After the first appointment one member is to be appointed each year. An annual report must be made to the council (ch. 62).

CITIES, VILLAGES, AND TOWNS

PARKS, ETC.

Towns and villages. Every town and village may provide and maintain parks, parkways, boulevards, and pleasure grounds. (ch. 27).

MEMORIAL PARKS

Acquisition of land; planting.-Any city, village, or town, by a majority vote of all members of the respective board or council, may purchase cut-over land or land bare of trees as a memorial park in honor of the deeds and memory of the soldiers, sailors, and marines of the respective town, city, or village who served the Nation during the World War. Upon purchasing lands, immediate provision must be made for the planting of trees thereon to the end that the lands will be reforested as soon as is reasonably possible. Lands purchased must be easily accessible to the residents of the city, village, or town, but need not be within its corporate limits (ch. 45).

Care and maintenance; commissioners.-The care and maintenance of any such park, if purchased by a city, is to be managed, maintained, and controlled by a commission of five citizens of the city chosen by the council, whose term of office must be so arranged that the respective commissioners will go out of office in successive years. If the park be purchased by a town or village, it is to be managed, maintained, and controlled by a commission of five citizens of the respective town or village, chosen by the town or village board, for the term of office as above-mentioned (ibid.).

Tax; bonds. For the purpose of raising funds for the memorial purposes mentioned, the city, town, or village may levy taxes upon the taxable property not exceeding 5 mills in all. The taxes may be spread over a period of 5 years if so ordered by a majority vote of the electors. The city, town, or village may borrow money and issue bonds therefor. No popular vote is required for the issuance of bonds unless request therefor be made (ibid.).

Memorials in parks. For the purpose of providing a suitable site for a memorial to the soldiers, sailors, and marines who served the Nation in the World War, any city, town, or village may grant the use of a designated portion of one of its public parks for such purpose (ibid.).

GENERAL

Civic centers. Any city or village may provide for the erection, maintenance, and operation of a public auditorium, opera house, or other recreation and amusement building; and may adopt regulations for its maintenance and operation (ch. 43).

Public concerts.-Any city, village, or town may conduct public concerts in auditoriums and other public places within its boundaries,

and charge a fee for same to defray the expense in whole or in part (ibid.).

Advertising and developing attractions.—An annual appropriation not to exceed one-tenth of 1 percent of the assessed valuation of the property of a city, village, or town may be made for the purpose of advertising its advantages, attractions, and natural resources, and of developing and improving the same. The municipality making the appropriation or its agent may cooperate with any private agency or organization in such work (ch. 291, Laws of 1937).

CITIES; VILLAGES; TOWNS; SCHOOL DISTRICTS

FORESTRY

Acquisition of land. Any city, village, town, or school district may acquire and own land for forestry purposes, either within or without its territorial limits; may carry on forestry on the lands, and appropriate, raise, and expend money for such purposes (ch. 66).

VILLAGES

PARKS, ETC.

Acquisition of property; development.-A village board may acquire property, real or personal, within or without the village, for parks, recreation, and historic places, and for any other public purpose; may improve and beautify the same; may construct, own, lease, and maintain buildings thereon for instruction, recreation, amusement, and other public purposes; and may sell and convey the property (ch. 61).

Same. The village board may lay out, open, change, widen, or extend roads, streets, parks, and other public grounds; improve, repair, or discontinue the same, including lighting and tree planting; and build and maintain roads required to connect the village with any village property outside its limits (ibid.).

TOWNS

PARKS; PARK COMMISSION

Commission; appointment; organization, etc. The electors of each town at any annual town meeting may by vote provide for a town park commission of seven members, to be appointed by the town board for terms of 7 years (rotated). Each commissioner must take and file the official oath. Within 30 days after their appointment and qualification, the commissioners must convene and perfect an organization. Thereupon the commission is vested with the usual powers of such bodies. The commission must annually choose from its members all necessary officers. It may also appoint such other agents and employees as may be necessary to carry out its functions, remove them at its pleasure, and make all rules and regulations concerning its work (ch. 60).

Park planning. The commission must make a thorough study of the town with reference to making reservations of land for public