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Ordinance Concerning Public Parks in City of South Bend
ORDINANCE No. al t" 6 • Passed by the Common Council of the City of South Bend, Indiana, ta,14,,e,e0e7_ 2 2 1 9kio . Attest: � 4 )' C.;`�� ity Clerk. 1 Attest: . - 7 aci President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana 1 gQtt - %/ - 194,o . /// City Clerk Approved and signed by me al.X ..? 1914" r !Lit ii „ ' Mayor ORDINANCE NO. 01 57-/ AN ORDINANCE CONCERNING PUBLIC PARKS IN THE CITY OF SOUTH BEND. INDIAU= WHEREAS the Board of Park Commiliioners of South Bend, Indiana, on the 27th day of January, 1930, filed with the Common Council a petition signed by all member* thereof requesting that the Common Council adopt an Aot of the General Assembly of the State of Indiana, entitled 'AN ACT CONCERNING THE DEPARTMENT OF PUBLIC PARKS IN CITIES OF THE FIRST CLASS, DEFINING ITS POWERS AND DUTIES, CREATING A TAXING DISTRICT FOR PARK PURPOSES IN EACH CITY OF. THE FIRST CLASS, REPEALING CONFLICTING LAWS AND DECLARING AN EMERGENCY,a approved March 14, 1919, as the same is found in Acts of the General Aseeably for the year 1919, at Page 639 thereof, together with all Acts amendatory and supplemental thereto, as a valid and effective Ordinanoe of this City Near the Government of the Department of Public Mks in the City and for the purpose of vesting the powers conferred by such Act and Acts amendatory and supplemental thereto, in the Department of Public Park's of this City; and t 4 WHEREAS the General Assembly of the State of Indiana has by Chapter 199 of the Acts of 1929 As the same is found at page 677 thereof, granted to the Common Council o$ this City, authority to adopt such Act and Acts amendatory and supplemental thereto as a valid and effective Ordinance for the purposes above enumerated; THEREFORE, for the government of the Department of Public Parks of this City, and for the purpose of vesting the powers conferred by such Acts above referred to upon the Department of PublicnParks of this City, BE IT ORDAINED BY TUX COM ZN_ COUNCIL,_OF .THE QITT OF SOUTH BEND, INDIANA: Section 1. There is hereby adopted as the law of this City relating to public parks the following Acts hereinbefore specified and referred to, which are as follows, to wit: • 1, The executive department of public parks as created and established in cities of the first class, as provided in an act entitled "An act concerning municipal corporations" , approved March 6, 1905, and as continued and re-established by. an act entitled "An act concerning the 'department ,of public parks', incitiee of the first class, being cities having a population of one hundred thousand or over, ecc©rding to the last preoedi , United States census, .defining its powers and the duties, conferring Main powers upon the common council and mayor of such cities in relation to the park departments, legalizing appointments of boards of:park comMislioners 'in such cities, '` and acts done by. such bards, repealing conflicting laws,, and declaring an emergency, approved March 5, 1909, and as continued and reestablished by an act entitled "An AO 'department of public parks' in citi cities of the first'and second Gasses, defining its powers and duties, confer .conferring aertaia powers upon the common council and mayor of such cities in relation to said park department,- legalizing appointments of boards of park oommiseioners in such cities, and acts done by such boards, re» pealing conflicting laws,' and declaring an emergency",approved March 6, 1911, be and the sea is hereby continued and re-established as one of the executive departments of such cities of the first class, to be known as the "department of public Parke". Such department of public parks shall be under the control of a board of four members, not more than two of whom shall. be of the-,same political party, to be appointed by the - -- mayor of such city and to be known as the "board of park commissioners, " and who Sell serve without compensation except their actual expense, to be approved by the mayor, and all of whom shall be freeholders residing in the city. Each member of such board before entering upon his duties shall take and subscribe the usual oath of office, tonbe indorsed upon the certificate of his appointment, and -shall cause the same to be filed with the city clerk. Any 'person who shall not file such. oath with the :city oktk, as herein provided, within thirty days after the beginning of the term for which hehas been appointed, or at the date of his appointment, if appointed 'after beginning of such ter*, shall be deemed to have refused to serve and the office shall become vacant. 2. The first members of such board of park commissioners shall hold office respectively as follows: -One for the term of one pear; .one, for the term of two years; one for the term of three years, and one for the • term of four years, from and after the first day of January of the year of their appointment. Where, in any such city of the first class' there has 'heretefore been established by such law a board of park • commissioners, consisting of four members, as hereinbefore provided, and when such park teommissionete have been appointed by the mayor -and are now serving as such, each for a term of four years, such respective terms are hereby Confirmed, And such 'board of park commissioners so appointed is hereby charged with the duties and powers herein declared for park commissioners in cities- of the first class, as if established and appointed under au-. thority of this act; and after the going into effect of this act such commissioners to hetetofote 'appointed- shall have And exercise°all the powers and duties prescribed. for boards of park commissioners in cities of the first , :ass by the previsions of this set. Annually,theteafter, on or before 40 first day of February 9St in each year, the mayor shall appoint a coamiesioner or commissioners, to fill the vacancies sawsed by such expiration, and the commissioner or commissioners so appointed shall'hold office for a term of four years, beginning with the first day of January in the year of the appointment, and if any vacancy occur in such board by resignation or otherwise, the`'mayor shall appoint one or more commissioners for the residue of the term or termg, SO commissioner shill 'be removed from office except ton. charges firs preferred it writing before the mayor, and hearing had thereon, and nothing shall be deemed sufficient cause excepting inefficiency, neglect of duty or mal- feasance in office. -1- 3. The board of park commissioners in any such city of the first class shall choose, annually at its first regular meeting in February, one of its member* president, and another of its members vice- pre" ident, who shall perform the duties of the president during the absence or disablity: of the president. Such board shall have a suitable office provided for it by the proper authorities in such city Where its maps, plans, documents, records and accounts shall be kept, subject t public' inspection at all, reasonable times. On or before the first day of February of each year such board shall make a report to the mayor of its proceedings with a full Statement of its receipts and disbursements. for the preceding calendar year; and Shall also report the acquisition, of lands which have come under the control of such board, improvements made, and general character of the work of such board during the preceding year. 'stoney received by the board shall forthwith be paid into the city treasury and credited to the departs meat of public parks:, and all expenditures relating to the parka, park- wayt and public grounds, boulevard*, driveway's and other losenues and places of such city under the control of such department, except as otherwise provided, shall be provided for by special levy of taxes, and shall be apaid from the city treasury when ordered by said board ps hereinafter provided• A majority of the members shall Constitute 'a :quorum, and no action of euhh board shall be binding unless authorized by a majority of the member* at a regular or duly called spacial meet- ing thereof. But, in case of a tie vote on any question, the mayor s 11 degq�ide. $aid board shall fix time for holding regular meetings, special aeetings of such board may be galled at any time by its president, Or by any two of its members upon a written request to the secretary. Whenever' in the opinion of the president, Or of any two members a special meeting is necessary, or advisable he, or they, shall cause the secretary to notify the members by mailing written notices of the t ' ie Of such meeting, at 'least one day before such meeting, All meetings shall be open to the public, 4. ,All the territory included within the corporate limits of any such city of the first class shall Constitute a taxing distriet' for the purpose of levying special benefit taresafor park pu eseetas provided this set. The term par purpm considered and held to cover and include parks, boulevards, peasure drives, parkwmye, wheel ass, park boulevards, bridle path*, Playgrounds, playfields, bath-houses, comfort stations, swimming pools and community Centers. 5. The board of park commissioners, in every such city' of the first Class, shall have the exclusive government, management and control, Object, however, to the laws of the state, oo f the pparrks,e rkways,within perk boulevards and lands which are a any such city, and also of all public parks, driveways and public grounds outside of the city which may be established under the provisions Of this pr , arid shall ul full all -laws ordinances r the prope use, regulation an overnmentthereof; and for all the purpose* of such go vernment, maintenance and direction. of public use, such parts of all reads or avenues, at pass a e such ch public grounds or parke shall be deemed to be a part + control and have, subject to®th alimitpart s aforesaid rfullnandhexclusive board 'shall have, subject . - -a- (1) To acquires leaf out and improve land for public parks parkways, park bo tivarde br =et'hs, playgrounds, playfielda, ba b-house and - community centers t t city, and to govern, manage, maintain, regulate t , and direct the public use o f same. (2) to make rules add regulations for theirnpreper management and gevernment,(government). (U) To appoint ass faly, and, in his absence a secretary pro temp©re, Undrape architects, *upo'rintendehts of parks and such engi eer*, sur- veyors, attorneys clerks, guards, laborers, playgound directors and ali employees thee hoard may deem expedient, "and to prescribe and define their respective duties and authoritie* and to fix and regulate the cam"- pensation to be paid to the several persons employed by its ( 4) to make all reasonable rules and regulations not in conflict with the- laws of the state or the ordinances of such city for the malls agement of the property under its Genteel Pnd the paid beardis a-thortsed to require from the department of public safety of such city tams a special detail of police to execute the orders and afore. the upon and regulations made by the board of park Commissioner.; and the board of public safety shall detail policemen who shall be oon' stantly subject to the orders of the board of park oommissioners. In case of a disagreement between the two departments as to the number and duration of such details of policemen the mayor shall decide the matter. (5) Tp locate fleet and maintain fountains in oak parks or any of hem as well as in the streets and avenues which form the boundaries thereof or intersect the same; and to erect and maintain suitable fences around such parks* (6) 2o sine and impound poultry or animals found running at large in any of the patio parks, and to establish suitable places for such impounding. (7) To lease anynbuildings or grounds h�gin to min not which may be within the limits of any park improvements reot required for public use; and to sell any rbu or park and boulevard or materials within the limits of any pa judgment df o l board lands, and belonging to the city which. laths j�m nt for the . may not be required for the purposes of such. park, use; and the proceeds thereof shall be deposited with the city treasurer to the credit opars; Provided, $o landscunder$thedconttrol of to h board of P purpose Other than the promotion ofath su�el be hiCh leased for any �p . and Provided, That no of the use to which nob lands are devoted, and, city ethe7c building shall be erected on the Park lanndsoocfs each a ci- yll herkdings. than those necessary for the enjoyment erected thereon, or to be erected thereon, shall be under the control and supervision of such park board; and Said board shall Pe the erection of no building Or structure within any Park shall become the property of such City by gift or otherwise. .3. 4 (8) To vacate streets and alleys, or parts thereof,, within lands under the control of said board, or which may hereafter be under the control of such board,. in the same manner as to form and procedure as the board of public works in any such city may vacate. the same. (9) To take over and control streets, roadways and public passageways, or parts thereof, within such city, and convert the same into boulevards or pleasure driveways whenever the same connect with or run into or through any park, parkway of boulevard, or are necessary for the establishment of any park or boulevard system--of such city, and to grade, improve and beautify such streets, roadways, alleys and passageways in the manner hereinafter provided; and to relinquish to other proper departments of such city the control and management of any street, roadway, passageway or parkway in streets taken over, which . Hy shall not be necessary or desirable for maintenance .as a part of the park system of any such city. (10) Tn aetition the board of public works of any such city to • construct -e g° necessary drainage or sanitary sewers with connections, in any boulevard, parkway or street bordering park property, and to order and require any public service corporation to lay, install • and connect water and gas mains and electric light conduits 4n d along • any boulevard or park drive reasonably necessary. (11 ) To take over and control and do the planting and tSimming of all shade trees and the planting,maintenance and establishment of all lawns and centers in and along all public highways in said park district. • 1. Be it enacted by the general assembly of the State of - Indiana, That Whenever the board of park commissioners of a city of the first class shall by resolution determine that any real estate under its control shall be no longer necessary or of benefit to such city for park, boulevard or recreation purposes, and if any other department of such city shall by resolution of theboard in control of such • -department declare that such real estate would be of use-and value to : such department and for the purposes thereof, then said board of park commissioners may by such resolution transfer the control of said . real estate to such other department and upon acceptance thereof by . such other department the same shall be under its control as if ac- quired by it for the purpose of such department. 2. This act is supplemental to existing laws and does not repeal any law or part of law except such as may be in conflict therewith. 6. In the letting of any contract for public improvements or repairs, except as herein otherwise provided, involving the ex- penditures of more than five hundred dollars, the board of park corn- . missioners shall, in the matter of adopting plans, giving notices, and receiving bids, be subject to the providione of said "Act concerning municipal corporations, approved March 6, 1909 (1905)," and acts amendatory thereof and supplemental thereto governing similar action by the board of public works. • 7, The board of park commissioners in any such city of the first class, in the name of the city, may bring any action which it deems proper, to recover damages for the breach of agreement,, expressed or implied, relating to or grain out Of the ,mantgement or improvement of the parks, streets, boulevards, er driveways under its control, and for penalties for the -violetior. of any ordibames, and for injs �- to the per soaal' or real preperrty appertaining to the parks, streets, boulevards, driveways, or ether grounds belonging theta**, and to recover possession of any such property, .Ail rules and regulations whichne id board shall at nny time adopt, under. abd in pursuance of the provisions herein cony twined., 0a11 be publ *ed for at least -ten -days in a newspaper of general Otto lction printed tri4kOritoity. A. tar of nine cents On each one hundred dollars of taxableproperty in such city, as the same appears on the tar duplicate, which shall be in addition to other taxes of the city, ;shall be levied annually"b the common council for park purposes, and the city treasurer aih 1 collect the same as other city taxes are collected, and shall, bet* en the first and fifth days of each month, notify thelerrtit of park mmi;ssioners of the amount of snob taxes. oofleoted for park purpose, during the preceding month; and, 'upon the date of notification above referred to, the oity. treasurer shell credit the park fund with such amounts of taxes for park purposes as may have been collected at that time. The said board shall have full, complete and excluei're authority to expend for and on behalf of such City all gums of ;cony thus reelized, and also that may be realized by such board of park commissioners from the sale of privileges in the parks of such city, from the sale of bonds of the city for park purposes, and from any other soxrge#. All gifts, deflations or paytents whatsoever, which .are given or paid to such city for park purposes, shall belong to the .general park fund to be used by the said board of park commissioners in the same man- net `et hereinbefore stated,Provided, That warrants for such expenditures shall be dram by' the Controller of such city for expenditures, upon a voucher of such board, signed by the president or vide-president and secretary, The common council of each city May borrow money for the use of such department, and may issue the bonds of the city therefore, in the mantel now or hereafter to be provided by law'or the issue of bonds for t the general purposes of such city, but the said board shall have no power to contrast _debts beyond the amount of its annual income and the amount available from the sale of bonds or other sources. All money re- maining in the treasury to the credit of the board of park commissioners at the end of the calendar year shall still belong to the general park fund, ' to be used by the-said board of park commissioners for park pur- poses. No `franchise shall be granted by the City authorities for the- construction or maintenance of any railways, of any class or character, or telephone, telegraph, pipe or conduit line, upon, across, over or • through any park, parkway, park boulevard or boulevard, or driveway, under control of the board of park commissioners; Without the consent of the board of park commissioners, 3, if such board, of park commissioners in any city of the first class should wish to sell any part of the Park lands now owned by such city or that may hereafter be acquired, it is hereby authorised to prey pare an ordinance authorizing Such sale and submit the saps to the pity council, If the council shall pass such ordinance, such lends shall be sold as other rands of the city are sold, and the proceeds Os much sale shall be credited 'to the department of public parks and expended in the improvement of the remaining park lands or in the-putebase 431 other lands • • • f for park purposes, as such board may deem for the best interests of the city. Such 'bond mar, by resolution, establish a building line determining the distance ,at which all etrueturse thereafter erected upon any premises fronting any park, parkway or boulevard shall be erected, asd,aupan the adoption of said reselution1 such board shall, in the name of the city, require (acquire , donation, condemnation or purchase, the land bees talon such b0011.dtng hue and such park, parkway or boulevard, Or =Oh interest therein ae will sears to such board the right to prevent the erection of or to ac4uire ,(require) the removal of all stru'tures outside of such line, or both; and after the adoption of such resolution, no per mit shall be issued by any department or officer of any such city ate thinning the erection of any structure outside of the line so estab- lished, unless unless approved by the board of park commissioners of such citys The establishing of any building line outside of asy park, parkway or boulevard, as herein provided, in connection414.th the donation, condese- nation or purchase of land or on interest therein for the tame, *hall be understood to be (the :condemnatio)'and ) perpetual annihilation of all rights of the Owners of pkiperty, (which shall front on such park, parks way or boulevard) over and across which such building line shall run to era! any building or structure whatever, or any part thereof, between such building line and such park, parkway or boulevard, but there shall be reserved to such owner of such property She perpetual and irrevocable free license to use and occupy such lands between any building line se established and the property' line of such owner next to such park, part^ way or boulevard, for all other pposes othern then the eerietion of buildings or other structures. Whenever, in the descretion of such beard of park commissioners, it is deemed advisable to establish a building line as herein provided, such board shall have the, same powers and shall pros seed 1.n the same manner and to the sane extent and subject, to the same ' linttation as to form and procejdure in the condemnation, assessment and , collection of benefits, the award of damages, and in all other parttaulera, aegte- , as is, in the above entitled act approved March 14, 1919, of which this is amendatory, provided for boards of park commissioners of cities of the first class with reference to the acquisition of real estate; except shots- ever, that no benefits shall be assessed against any property other than that abutting on the park, parkway or boulevard along which snob building line is established and within the limits of such building line; provided that the total amoun of benefits so assessed against lots and parcels of land fronting on park, parkway or boulevard, and located within the limits of such building line, may equal the total cast of the establish- ment of such building line. The provisions of the above entitled act, approved March 14, 1919, of which this is amendatory, with reference to remons .es, hearings, appeals, and rehearings, in the matter$ of ss-- cuisiti. Of real estate, shall be applicable to and govern the procedure in the matter of establishment of building lines by such board of park commissioners. No nbdivision (of lots) or parts of lots of parcels of land lying within five hundred feet of any park, parkway it boulevard shall be accepted for record of be valia without approval of suck board et park commissioners. Whenever it shall be considered necessary by such board of park commissioners, in order to promote public health, safety, morale or general welfare, such board shall have the power, by general order or resolution, to abate, restrict, forbid or regulate any horse-racing, gambling, offensive or dangerous business Or armament, and to regulate, re- strict and forbid the location of trades, i,aiistries, and commercial enterprises and the location of buildings or *devisee, K6- designed for uses which, in such order or resolution, are specified as injurious to the public health, safety, morals or general welfare, with- in five hundred feet of any such park, parkway, or boulevard; and the right to restrict the use of such adjacent lands for any such purposes shall be deemed to be included in any gift, donation, acquisition or condemnation in this act provided for. Out no lawful business being conducted noon such adjacent lands at the time of acquiring the sane shall be prohibited Or abated *LSO a lad* valuation and' auciand 'fall compentation, So member of such board, or any olerh,-*Aststantor ap- pointee, or 614041e* thereof, A401110442anyinterest„ either directly OT tAOTOOlan: i4' On7: 401 of amusement enterprise whatever conducted for Pratt, 'Vint* one t490aaileet4I' arg Per; parkway, or boulevard under the- jurisdiction of said board, and the possession cretnershiP or any such interest shall operate to Vacate the office' or position hell breach Pereon -and render him ineligible to hold any office or position under said board while each interest is either directly or indirectly possessed or retained by hi** (As amended, dote 1920, P,105) 9. Real ana:personal property may be granted, devised, leased, bequeathed or conveyed to any such city for perk purposes or for the imrovement or ornamentation of any Park, playground, boulevard., *leas arrays!, parkways wheolmaye , Or other public grounds, or for the ehhablishse4 aid 144atee0A00'ia such Parts of gardens for horticulture and floriculture and of museums, zoological gardens, collection of natural history, clbsomertortatt libraries, fountains, monuments, or works of art And art 4411=1e*, and such city is hereby empowered to take and hold the same, upon such trust orbOnditions as may be approved by the board of park colmissionerseir such city; and all sueltpropextY or the rents, issues and Profit* thereof shall be subject to the exclusive management and control. of said beard. Such board shall also provide such accommodations, and take such steps as the money at its disposal will justify, for securing and preserving collections of natural history, and the establishment Of Sarum, in the Perks of such city.But all such property and the rents, issues .andprofite thereof, must be subject to the 'management and control of such board and may, be improved, added to and changed in its discretion, and shall be protected, preserved and arranged by such beard of or public use and enjoyment„ ter such rules and roes Stations as the board shall from time to time prescribe. Admission to such Ordeal', museums, and other collections shall be free to the public. the board may also agree for the management and maintenance °taw such gardens, museums, art galleries or other institutions, with any society, incorporated Or to be incorporated, under the laws of this state; but such garde* or Other institutions shall always resale free to the public, subject to the control of the board of park commissioner*. 104 The board of park commissioners of any each city is authorized to exercise the power of eminent domain within the boundaries and limits Of such city for the purpose of carrying out any of ths provisions of this 'act ananutside of such city within five miles of the limits of such P city tnd to award damages to land owners for real estate end property night tppropriatoa and taken or injuriously affected and assess benefit* to real estate beneficitlly 'affoted, eels elsewhere provided in this Set on property within such city, and in case such board cannot agree with the owners, lessees or occupants of any real estate selected by them for .7. 000 o o . . it* ono pox so herein set forth, they may proceed to procure the Irmo deratiojibf the same as hereinafter proVided, and in addition thereto, when not in Snor inconsistent with the express provisions of this let, may proceed Under the general laws of the State of Indiana, gretning the coodroation of lands and right of way for other gurblinenese* which may be in force at the time, and the provisions of such law* are hereby extended to parks, playgrounds, parkways, Perk boulevards and Setters drivelays or parts thereof, so far as the same are not inoonfliet or inconsistent with the terms of this act. *here the .land or the surface. of the ground on, over rearm which its (it is) deemed necessarymmadvisable to establish, ero struct or improve any boulevard, pp:vireo or pleasure driveway, is already in use for any other public purpose or has been ordered or 00r*Prieted for a use authorised by the statutes of this state, and i* being used for such purpose by the corporation so appreprilating it000nch oUblie use or prior condemnation, shall not be a bar to the aligkible71101V-rard to condemn the use of such ground for the afore- Satd park purposes; Provided, That such use by said board shall not Permanently prevent the use of said land or the surface of such ground for such prior public use or by the corporation theretofore condo mno ins or appropriating the same: and Providing, further, That in any Proceeding* prosecuted by said board to condemn the use of any land 9V earfaeoloof ground for purposes permitted by this eat, the burden shall be upon such board to show that its proposed use will not permanently or seriously interfere with the continued wee public lee of such land or surface of ground or by the corporation theretofore send emning the • gams, or its Buresserie • . 110 The board of park commissioners of any such city Shall have the peer to keep open, river, stream* and waterways to *revisit the deposit ' or maietrance of unsightly or obnoxious materials in or along the sawn to take over, improve, control and provide for the proteetion of thefl banks three: and build necessary levees and take over levee* built thereon; to confine, direst and control the flow of the waters thereof, and to make such rules and regulations concerning such streams anet the banks thereof as shall in its judgment be necessary for such Prer**** Such board shall have the power to provide for damming or changing. the 1 . course of any river, stream or waterway within and along the boundaries of any park or boulevard so as to provide water for sprinkling, boating, or ether purposes; also to provide pools or artificial lakes, in such parks and to Construct all necessary bridges and viaducts over, or tunnels under, rivers, water courses or railroads within or bordering on the lino of such parks, boulevards or parkwayso Said board of pork commissioners is hereby given power and authority to require the owners of real estate abutting along and upon said rivers, streams and motor. [ nye VO Mete eneightlY or otneriops. materials, flltb, volibelthir and uraaltarY elneeeenSee in or along ins sameupon five clays ' moven noticeto snob, owners, stating in such notice the materials, filth or eastern to be so removed. Upon the failure, of such see property owner or nuns. to comply with the notice of such board said board is given power and authority to remove such material, filth or substance, and the expose* thereof shall be certified by said board to the %rear Ore' of the county, and shall be by such treasurer collected in the some manner and to the same extent as assessments by such board for ' \ the %Warrant of boulevards an collated under this act. and all the previsions of the law governing the collection by the trvirorer of assessments for boulevard improvements, including the saleof the property by the treasurer to pay the same on delinquency diwallJELI,00 , —8,4 . . , . • apply to the colleation of swab costs and expenses of removing such ma trial, filth or substance. All the provisions of this section, however, shall only apply to the portions of such rivers, streams and watss as are within or along park lands and boulevards now or hereafter under the control of such board of park commissioners• 12, the board of park commissioners of any such city shall have the right and power solely in a proceeding separate from the acquisition by purchase, or apuropriation of land, to order the improvement of$any parkway, pleasure driveway or boulevard, or part thereof, under the control of such board, by surface grading, and paving the same, curbing and constructing sidewalks thereon or either paving, curbing or constructing sidewalks thereon, to the same , extent, in the same manner and subject to the same limitations as to form and procedure as is, or may be in the future, conferred upon the board of public works of any city of the first class under an tact connrning municipal corporations,x approved March 6, 1905, and acts amendatory and supolemental thereto to improve any street, alley or sidewalks within such City, and the powers, rights, and duties of said board of park commissioners of such park district in the>carrying on of such work shall be identical withnthe rights pavers and duties of the board of public works of first-class shies in the performance of similar work under said act; the rights, duties and powers of the persons to be assessed thereof shall be identical with those provided in said act in the doing of similar work by boar 4s of public- works of first—class cities; the cost of such iS provement of each boulevard, or pleasure drifeway shall be assessed to the same extant as property is assessed, and when so assessed shall become a lieu upon the property to the sans extent enforcible in the ems manner, with the same rights as to ptrement$ by insailments cad appeal as are or may hereafter be provided for in case of street and sidewalk improvements ordered by the board of public works of first-class cities under said act; and all Previsions in said act and all acts amendatory and supplementary thereto, applicable to street and sidewalk improvements ordered by the board of public works of first—class cities are hereby extended to the improvement of any such parkway, pleasure driveway or bouilevard by said board of park commissioners of any such city of the first class: provided. however, That said board shall have exclusive authors* ity to determine the kind of pavement to be used, and in the event of a majority of thenresident freeholders, upon each proposed improve- ment, remonstrate in writing against such improvement, said board may, / upon giving ten (10) days' notice to such remonstrators, petition the circuit court to specifically Eder the improvement, and if, upon hearing had on such petition, said board establish the public necessity of the proposed improvement, and that the benefits will equal the assessments against the separate lets or parcels of land of the remonstrators such order shall be made* and, Provided, also, That whenever the land along one sile of a parkway, pleasure driveway or boulevard is owned by any such of such city or used by it for park purposes, oneahalf o© thencostthe other itpprenment under this Section as well as any portion one✓hal.fof the cost of such improvement that cannot be met by special assessments against abutting property, shall be deemed and is hereby '' desisted to be and constitute benefits resulting to all of the property, real Ind personal, not exempt from taxation under this act, located -9- within the territorial limits of suCh park district, and shall be met and paid fat net-of the proseeds '.of the bonds of such taxing distriet, 'avhicb'say be' is `d and Sold for such purposes ,andpaid in the same manner as here; - ` Epriahidet in sections 25 min 26 of this act: and, Provided, further, That said board shall bare the power and authority to provide for the rough grading of SAY parkway, pleasure driveway or boulevard jointly with the eonuiSitioze of property, or`when the property, or part thereof necessary for the sass has 'already been" secured ss provided in section 13 of this act, said park board shall have the. power to change and fix the � • grade of any bouleverd, park boulevard or public driveway, or public ground under its control' to the same extent as such power is now, or may be in the future, conferred upon the board of public works of any city of the first class under said 'Act concerning municipal corporations," approved March 6, 1905 or acts amendatory or -sup" plemental thereto, to `change and fix the grade of any street, alley Or public place within such city, 13. The board of park commissioners of any such city of the first class, as supplemental to the other powers conferred by flit act, shall have the power, whenever in their discretion such settee is advisable, to appropriate property in the manner hereinafter provided for the purpose of: fa) establishing a park, porky pleasure driveway or boulevard, or (b) widening or extending y Park. parkway, pleasure driveway or boulevard, or (s) opening., widening or extending' any route or right of way for a sewer. or channel of any• water course connected with or necessary for the protection of any parka parkway, Pleasure driveway or boulevard, (d) constructing any embankment or levee along such eater course N for the protection Of any such park, parkway, pleasure driveway ' of boulevard, or (e) constructing any bridge or viaduct upon or connected with any such park, parkway, pleasure driveway er boulevard, or. ($) Converting any start or alley connecting any parks, parkwa}ys• awl boulevards in any such City into a boulevard or Pleasure drAvenny; and also said board Obeli have power, in the same proceedings, to provide for the construction of improvements of such property for-a park ksay, pleasure driveway or boulevard, in case such property is appropriated or to be appropriated for such purpose; or to prro'vide for the construction necessary for the widening or .ext.ending of the same, in case such be the purpose for which the land is appropriated or to beapprei 'sated; OT to provide for the construction necessary for the opening, widening or extending of any such route or right • of way for a sewer or channel of any such watewater fcou ee, p one;each property is appropriated or to be apA p ar to provide for the construction of any such embankment or levee along any such water ccutee as aforesaid, in case such property for the: printed or to be appropriated for "such purpc se:; or -to provide construction of any such bridge or viaduct, inrcas bs such hAbe eted pose for whidhneeoh property is appropr such sweeter alley late ; or to provide for the converting of any pleasure driveway or boulevard, in case such beithefprrphfEof tructioat. apprrsprittion; furthermore, such board may p_ of any of the' foregoingfworkhorsim improvement* been shhenrth the bproperrtyrxoror part thereof neeeseari► otherwise Si hereinafter provided. • -10- ik. Whenever said board of park cemmi:ssioners *ferny stae city shall deem it advisable to :acquire land for any of the`pur mentioned in this act, either by :purchase or ;appropriatien and Jr .n conjuration therewith to proceed ttith any work of construction or improvement: by this at authorized (other than the surface g>:ading and paving, provided in section 12. of this act) to acquire such property without at the time proceeding with any week et improvement., or constr°uction or to proceed,with such work',of improvement or construction when the poperti used din connection it therewith has been already secured by p , shall adopt aresolutioe declaring said purpose, describing the lands so to be 'acquired. and the manner thereof, and in case of appropriation ` such other lands as may be injuriously affected thereby, or describing the lands 'already acquired and intended to be used in connection_ with the !reposed work of construction, and in ase 'improvement of said lands'or any work of construction is provided for in said resolution, shall also cause complete and des tailed plans and specifications and an estimate of the cost of the proposed work to be prepared by its engineer selected to do such work, which resolution shall be open to inspection by all pentane interested In or affected by the appropriation of such lands or the construction of such work. Upon the adoption of such resolution said board shall cause notice of the adoption and purport thereof, and in case any improvement of construction is provided for in said resolution of the fact that such plans, specifications and estimate have been prepared and can thus be inspected, to be published in at least two daily newspapers of general circulation in said park district printed, in said city once each week for two consecutive weeks, 'which Units, shill name a d to not lee than 'ten days after, the date of such last publication on "Which said board will receive or hear remonstrances ,from persons interested in or affected by such proceed- ings, and when it will determine the public utility and benefit thereof. Alike notice shall be not by mail to the ,owner of all lands to be appropriated under and by said resolution, and in case any such land owner be a non-resident and his place of residence be "known, , a lit* notice shall be mailed to such nazi`-resident owner, but in avant such none resident owner 's residence is unknown to said board, then ea shall be deemed to have been notified of the pendency of the. proceedings,by the publication of notice. All persons affected is any manner by said proceeding, including all, tax payers in Said park district, shall be deemed and held to be notified of the peedeacyy of such proceedings, and of all subsequent acts, hearings, aiJoutne meats and orders of said board therein by the original notice by publication aforesaid, In Said resolution and notice separate deserter tiens of each piss of parcel of land shall not be required, but it shall be fyficient description of the property gi rch sdesced tog be purchased or to be appropriated or damaged, theentire tract by metes and bounds, whether the same shall be composed of one or more even* lots or parcels, and whether owned by one or more person: When Midland or any part thereof is to te.acquired by purohalt, said resolution shall also state the mastciimu pproposedtae cost thereof and said board shall have power such land angoption for the purcha gthereof,;sorxmay enternintoa Ouch urai thereof. upon such terms and conditxone aonsuch far the p. nor contract to be subject to the final such ration of sai dace best, mach ing, modifying or rescinding said final action of said board, confirming, -11- resol tioa,end eub3e0t further to the condition that said land shall be paid for only Out Of the epecisl fund resulting from the sale of park district bonds and from least assessments, as hereinafter pros biided: Provided, hoverer, That in cams said board shall desir ee t acquire any lots or parcels 'of land by stegnalarte said appoint three freeholders restding in such city, who are not interested directly or indirectly in any land to be acquired under such resolution or-which may be inPred or may incur local benefits to appraise the t alus thereof, such appraisers to take an oath that they have no ins t enet in the matter and that they will honestly impartially make such valuation, and they ;shall thereupon forthwith view such land and consider and determine the true market value thereof at such tip, And Depport such appraisement in writing, which report stall baef filed lld with and became a part of the record of sack proceeding, hoard shall have no authority to take any option on said cland or tenter into any contrast to purchase the same at g Value Se named in eseh report. The title to any lands to be acquired ender land pursuant to aid resolution whether by purchase or ffipprepri- ation., stall not vest in any city until the same are paid for out of -the special fund pr'a'ted by the ale of bonds and fro a loca asseee meats of special benefits as provided in this act, or obligation of any 'kind incurSed yitheboboard of spar park lcom issio ers f of, ouch city on account of acqu' t hf and orlon Y construction work, shall be paid ou anier t o any under the control of said board of park commissioners and shall not be an indebtedness or aligatiof of any such city, At the time fixed for said hearing, or at any time prior thereto, any owner of land to be appropriated ender said resolution or injuriouslY slYr off ed, and at o any ns= po owning real of personal property ial bouadaxise of any such city, may file a written remonstrance with the secretary of said board of park commissioners. At such hearing, which may be adjourned from time to time said board shall hear all personas interested in said proceedings and the all such remonstrances as have been filed tandpafter considering benefit same shall take final action eland coafnirrmizng or modifying and cow of such proposed proceedings, firming, or rescinding said resolution, hist said final action. shall be duly recorded, and such action shall be final and conclusive upon ail persons whomsoever. ley, If said board shall finally order appropriation and cons by contractooroothe iseoas aforesaid, and shallll have eadvertised e secured for bids for the construction as it may do after the final adoption of snob , it shall pective bid aocertified require o e abacfor anamountnot less than two and ones half per cent/ of the engineer 's estimate of the east of such improves mach*. It the execttion of the stated. in for which such bid le that payments fore. l for all work provided for therein shall be madecialyaesaessment�a,si� fusel derived from the proceeds of bonds and sit hereinaftersmutborized, and not otherwise, No contract shall be let for a higher amount that the estimated cost of such work,said board shall ve power to let portions of the proposed or shall under differentacontracts, 'If it shall deem best to do and all before the execution of a contract for orkgtoare.stindaanyssand 'acts and orders in relation to said proposed ed wf the board o take be 'ch supplementary Proceedings as in the 6 fpt the . for as be l the validity of such yo'tt °t shall saa� su workxYOf cow trustioss t the .lidity of of any -12 . • subsequently questioned bY any person except in a suit to enjoin the perfermasios of scab eentraet instituted within fifteen days from the execution thereof, and after fifteen days frost the execution of such coatract and all proceedings and orders of said board of park comaiseioners preliminary and prior to said contract shall be deemed valid, sioaclusivs and binding upon ell pelotas whomsoever and shall not thereafter be subject to attack fie r any causes The e amount of the benefits resulting to all preperty in any such city and said special tax shall tm levied only for such balance. 16, Upon final action of said board of park commissioners oonfirming said resolution in its original form, all property, real and personal located withinthe territorial limits of any such city shall be subject to a special tax for the purpose of providing funds to pay the total cost of acquiring said lands or of said work of construction, or both, including all necessary incidental expenses as hereinafter specified, which said special tax ts hereby declared to be and constitute the amount of benefits resulting to all of said property from such proceedings" and shall be levied as hereinafter provided.: Provided, however, That if said board shall determine that any lots or parcels of landetexclusive of improvements thereon, lying within two thousand (2,000) feet on either side of property to be acquired for such stork of construction or both, will incur a partic- ular benefit by reason of their proximity to said property to be aequind or such work of construction in addition to the benefits received by them in common with all ether property located in any snob city, such lots and parcels of land shall be subject to a special aseessment for such benefits, which special assessment shall be made and determined in accordance with following provisions of this act, but the total amount of such additional benefits assessed shall not in any case exceed twenty-five per cents (25%) of the total cost of Itequiring aid land or of said work of construction or both, and the total asecinxt of such additional benefits so assessed and finally confirmed or adjudged against lots end parcels of land, exclusive of improvements, lying within said two thousand (2,000) feet rie aforesaid, shall be deducted from the total cost of acquiring said new park laud or of said work of construction or both, and the balande of eath total cost as above defined shall thereupon be deemed. to be and constitute the amount of the benefits resulting to all property isnany such city and said special tax shell be levied only for such balance* II, When said resolution shall have been finally confirmed by said board, as hereinabove provided, said boards all cause to be ,prepared a list or roll of all the owners or holder/ of property sought it be taken, or which will be injuriously affected either by the appro- priation of such land or the construction of such work, and also all of the owners or holders of lots or parcels of land lying within two thousand (2,000) feet en either side of such land so as to be acquired for park or boulevard purposes or of such work of construction, or both, which will lama a particular benefit, as provided in section 16 by the acquiring, location, establishment, construction or improvement of any such park, plasgroend, parkway, pleasure driveway', boulevard, imrpovement pr structittes'as provided for in said resolution. In addition to such list or roll of names the sane shall show with renewable certainty a leseription of such property to be appropriated or affected either -13- injuriously or beneficially belonging to such persons, and no. greater cettaiaty iA mes and. description *hall be heeessaryto the validity of any such �rard or assessment' than is rectuired in the assessment of taxes, 18. A'1 real estate and personal oper,ty, now or hereafter exempt from taxes under the gensral-taxinr awe of the state, shall be exempt from all taxes and assteementh er this act except as- sessments against abut ing. troper'ty forri1iprovements constructed by the board of park a mmissi.onors under the provisions of eeetion 12 of this act. 19, Upon the completion of such list or roll, such board shall proceed to consider, determine and award first the amount of damages sustained by the owners of' the several parcels of lands$$tired _ to be taker, and appropriated, if any, as previded for in said resolution, or which pill "be .iajurieuely affected thereby; second, to consider, determine and assess the amount of particular benefits which will accrue to the several lots or pareeks of land, exclusive of" improvements thereon, lying within two thousand feet on either side of said property to be acquired, or such work of construction, or both, by reason of their proximity to said land to be`acquired and the location, or estab- list=merit, or to the construction of any ouch park, playground, play- field, -:parkways, wbeelifye, park boulevards, pleasure driveways, boulevard,-bath-houses, comfort stations, swimming pools and community centers or other improvements, as provided for in said resolution in addition to the benefits received by such lots or parcels of land in Common with 411 property, real and personal, located in any such city: yrovided, That the total amount of benefits so assessed against the lots and parcels of land exclusive of improvements located within such two thousand feet shall not in any one exceed twenty-file (25) per cent. of the total cost of icgt.iring such lands or of said work of construction. When said list or roll shall have been thus completed, said board shall cause to be published in some daily newspaper of general circulation printed in any such city, ores each week for two eossee 'naive weeks, a notice describing the location of the land appropriated or acquired by the purchase, if any, or of the land. on which such work, of construction is to be done, and the general character of such work of construction or improvement, and stating what assess** lands within said two thousand feet ments have been made against the ands e the assessment roll with T shall also state that t said notice :she tha .distance; the names of the owners in favor of whom damages have been awarded and against whom assessments have been made, and description of property affected, with the amounts of preliminary awards or assessments at to each piece or parcel of property affected, is on file and can be seen, in the office of said board. Furthermore, such board shall cause !t wittten notice to be served Upon the owner of each piece or parcel Of land taken or injuriously affected, showing separately :each item of such determination as to lands or parts of lands so owned by the, y leaving a copy at his last and usual place of residence in a y such and city,erg p city, er by deliveriAg a copy to such owner personally; and 8u t shall also cause to be mailed by United States mail lds notiarttoovas Place or residence, it known,-er persons owning la2i&s, against which special assessments have been made, showing each ch Casa o f Bach determination a s $o such persons, In case nay Virgo*th�tg he aUestei be a non resident or his residence shall tie asS:ab , shell be deemed to have been nets.-fed by the aforesaid publictatic n. -•14- • Bail meti-seatiefl name a day not earlear than ten days after service of snob notice, or after the last date of publication, or after the date of mailing, as above provided, on roach said board shall receive and hear remonstrances from pereans with regard to the amount of their respective awards or assessments. Persons not included in such lists or "assessments oe awards and claiming to be entitled to the same shall be deemed to have been notified of the pendency or the proceedings by the original notice of the resolution of the board and by the publication as in this act provided, 20. In ease any person having an interest in lend affected by such proceedings shall be of unsound mind, or an infant, said. board of park commissioners shall certify the same to its attorney, and said attorney shall forthwith apply to the proper court and usee cure the appointment of a guardian for such infant, or Arson of unsound mind, and thereupon such board shall give(notice) to such guardian, who shall thereupon appear and protect the interest of his ward: ?rovided, That if such infant or person of unsound mind already has a guardian, such notice may be served upon such guardian. The requisites of notice to such guardian shall be the same as in the case of other notices. If there be defects or irregularities of any kind in the proceeding with respect to one or more interested persons; the same shall not affect such proceedings, except so far as it may touch the interest of property oi:sueh'person or persons, and shall' not still any other person concerned therein. In case of such defect, supplementary proceedings of the same general character as those heretofore prescribed may be had in order to supply the same. 21. Any person notified or deemed to be notified under the preceding sections may appear before such board on the day fixed for 41st hearing such remonstrances with regard to awards and assessments, and remonstrate in writing against the same. All persons appearing before said board having an interest in said proceedings shall be given a hearing. After such remonstrances have been received and said hearings had, said board thereupon shall either sustain or mod ify, by increasing or decreasing the awards or assessments. Any perms son thus remonstrating in writing who is aggrieved by the decision of the board may, within ten days thereafter, take an appeal to the circuit or superior court in the county in which such city is located. Such appeal shall only affect the amount of the assessment or award of the person appealing. 22. Such appeal may be taken by filing an original complaint in such court Wgainst such board of park commissioners within the time named, setting forth the action of such board in respect to such as- sessment or award, and stating the facts rellied upon as showing an error of such board. Such court shall rehear the matter of such assess- ment or award de novo, and confirm, lower or increase the same, as may seem just. Said cause shall" be sumearily tried by the court without the interventionof..a jury, as other civil cases. All remonstrances upon vhich an appeal is taken may be consolidated and heard as one cause of action, and all such appeals shall be heard and determined by said court as sooruas practical. In case such court .shall reduce the amount of benefits assessed against the land of such property owner ten per cent. of such assessment b y said or increase —15 the amount of to gee awarded in his favor ten per cent. of the amount awarded by snob board. the plaintiff in such appeal shall recover pasts, otherwise not. The amount of the judEmPst 'in sich court shall be final and no appeal shall lie thereform Provided, h©sever, That if there is a general lairrelating to appeals from Board of Park vors- miseionerS, the same shall apply to *, ;seats: under this act. 23 on the completion: of such assessment roll by each board, such board shall at onoe prepare a duplicate of said assessment roll of benefits, the sane to be known as the local assessment duplicate, and deliver the same, duly Certified to the county treasurer and from that time the respective amcunts of benefits therein assessed shall severally be liens superior to all other liens except taxes against the respective lots or parcels of land, upon vfn .eh they are assessed. She duties of the treasurer shall be, the same as :-.are now or may hereafter be prescribed by les with regard to the collection of Assessments for street improvements. Said assessments of benefits shell be "due and payable to the treasurer from the time of the delivery of said assessment duplicate to the treasurer. If not paid within sixty days thereafter, such board by its attorney shall proceed to foreclose the liee.s in a court of competent jurisdiction as mortgages foreclosed "rith similar rights or redemption, and have the same sold to :ay soch assessments such board shall recover, costs althreasenahle attoners fees and interest from the expi ration of sixty days- here- inafter allowed at the rate of six per cent. per annum, In all oases where the party against whom the assessment is made is a resident of any such city, demand shall be made by delivery to him personally or mailing to .Me last usual place of residence, a notice of such assessment and demand for payment; Provided, That all persons assess- ed for specialmand local benefits may within thirty days after the confirmation of such assessments as aforesaid avail themselves of the payment of such assessment in installments in the some manner as provided or may hereafter be provided for the payment of assessments for the improvement or paving of streets in such cities; and the provisions of the j statute of this state as it not is o may hereafter be omenin respect tto>a�sea the payment of street improvement assessments by • of bonds anti coupons to anticipate assessments, and the rights of bon& holders and landholders, when not inconsistent with this act, : shall apply and be extended to assessments made under the provisions of this act; and, Provided, further, That there assessment bonds are issued as hercinbefore provided, all such bonds shall promptly be sold by said board in the same manner and upon the same conditions as to notice and price as park district bonds are authorized to be sold as provided in section 25 of this act. Such assessment bonds shall be exempt from taxation for all purposes. The expense of all notices in respect to assessments and delinquencies shall be borne by such board of .park Commissioners, and all interests on delinquenoies stall go into the general fund of such board. 24. It shall be the duty of task the board of park ooniss- loners of any such city upon the completion of tha award of damages or upon the determination of such aPPeale takers ereinbofereieorevided, to make out certificates for the proper e 'roper .-ersoas, upon the presentation of which to the controller of any such city soot persons shall be entitled to a warrant en the city treast:rer, ahiohrermeat Shall be countersigned by the president shall vies resident and secretary of said board, and said treasurer aYa pay thepersol mufti therein thundutreQiv shown by h e er t t f iest the t seBhe touchers It • *+ whenever practical, be tendered actually to the person entitled therets, but whee this 'is impractical, the same Shall be kept fee such persona in the office of "tbe board and tae making and filing ee such certificates shall, in all cases, be deemed to bs valid and effectual tender to the person entitled thereto at the time or As soon as there shall be sufficient funds to pay the saran, and the saae shall be delivered bit on request. In case of dispute or doubt as to thick of the verities persons said money flail oe paid, such board'shall make out i the certifioate in favor of the tttor- nap appointed by such board for the use of the persons entitled thereto, and said attorney shall thereupon draw the looney and pay the same into the cdurt in a Proper Proceeding, requiring the vaxicia claimants to interplead and have their respective rights determined. In case where an injunction is obtained because damages have net been paid or tendered, said board .shall tender the amount thereof with interest from the time of the entry of said property, if any has been made, and all a,cerued costs thereupon, and the injunction shall be disposed of, provided there shall be sufficient funds to pay aUca certificate. The pendency of any appeal to the eizcuit o superior court of a ocunty shall not affect the validity of a tender made under this aeotion, but said ooard shall be entitled to proceed with its appropriation of property in q eetion. 25. The Board of park commissioners of any such city for t iekaurpose of raising money to pay for any land to be acquired for SLY of the purposes named in this act, or to pay for any improvement or week of construction authorized by this act, or both, and in anticipation of said special benefit tar to be levied as provided in this act obeli cause to be issued, in the name of such city, the bonds of said parr* district, oat to exceed ii, amount the total cost of all lands so to be acquired, ..and the cost oPP`i.mprovehents or work of construction as provided. for in said resolution, and including all expenses necessarily incurred. In Connection with said proeeediage together with a num sufficient to pay the cost of supervision and inspection during the period of construction Of any such work, after deducting from all such total cost, however, the total amount of benefits, if any, 'which have been assessed by such board, and finally confirmed or adjudged against lots and parcels of land, exclusive of improvement lying within two thousand (2,000) feet on either side of such new lands to be acquired, or of said work of cone struction as bereinbefare provided. The said. expenses to be coveted in theamount of sab bond issue shall include all expenses of every kind actually incurred preliminary to the acquiring of such land and the construction of such work, such as the cost of the necessary record, engineering expenses, publication of notices, preparation of bonds, and other expenses necessary to be incurred prior to and in eanneCtiax with the acquiring of such land acid the letting of such contract and the sale of bonds as herein authorized. If more than one *evolution or proceeding of such board under section l4 of this act shall be final.* ly confirmed Thereby different parcels of land are to be acsaired, or more than one contract for work is ,let by such board at approximately the same time, it shall be lawful to provide for the coat involved under all of said resolutions and proceedings in one lases of bends. Such bonds ill be issued in any denomination not more than one thousand dollars each in not less than twenty or more than forty eqcial series, as such board shall determine, and shall be Payable one sericit «aka«. ear, . eg t i on the firet. day of January of the second year moth"io*tng tole es e of their issue; Provided, 'That if said bond June shall be made in any calendar year, after the date of the annual tax levy, then the first band sba11 mature on the first day of January of the third succeeding year thereafter, and the balance of the bonds at the regular intervals hereinabove provided. Said bonds snail: be negotiable 64 inland bills of erabauge, and 3 .all bear interest at a rate not exceeding four end one-baif per sent per annum payable semi-anaually,on the Lint clay of Jarman- and July of each year the first interest to ne payable on the first eaay of July preceding the :a;aterity of the first series of such bonds. On adopting a reseluta.oa ordering such bondds, notch beard shall certify a copy of thensante to the city controller of seen city of the first class wherein such park district is located, who shall thereupon prepare such bonds and the same shall be executed. by the flyer t3f suoht city and attested by the city controller. Such bonds shell be exempt from taxation fox any stab all putposea. All bonds so issued by satd board shall be sold at not less than par, atsd accrued interes% to date of delivery, by the city controller to the ntgseat bidder therefor after giving nuance of sale Of such bonds by publication in two newspapers of the largest general circulation printed and published in the city where said bonds aro sold, ; /itch publication shall be 4ade not less than fifteen days prior to the date fixed for the sale od acid bonds. It shall beunlawful for euch board of park commissioners to cause to be issued under this seotic tt of this act, any bonds of such park district payable by special taxation when the' total issue" for ie that purpose, including t bondsQallreeadycissued oorttio bent tie�eseset1* excess of these fourths (3/4) valuation of the property within such. ;lark district, and all bonds or obligations issued in violations of tilts provision shall be void, Such bonds *all not in any respect is corporate obligation of indebtedness of such city, but shall be and constitute an indebtedness of such park district e$ a special taxing 'ant* district, and said bonds and interest thereon sballbe pay-able only out fta epecieart tax ded, levied upon all property of such park in and said bonds shall so recite such terms upon their face, together with the purpose ear which they are issued, Provided, However, That said b-)And of per comU s$ioners shall bate the right instead of selling said bones a s. series as above provided, to sell bonds to run for a period of live years, from date thereof for the purposes as pros vided in said act for work heretofore or hereafter commenced, at a rate of interest not to exceed six per cent per annum payable seal- einnually; said five year bowie to be free from taxation for any end all purposes. Said. Board of perk commissioners shall have the right to sell bonds in series as provided in the act of which this is vnendetory, for the purpose of refunding said five year bonds. 26. All proceeds froth the sake of such bonds, issued under and pursuant to section 25 of this act, shall be kept ae a separate sad specific fund, to flay for the cost of laud and other property acquired and of the cost of construction of such work under such resolution., arid all costs and expenses incurred in connection theresith, as herein provided, and no part of the same shall be used for any ether purpose whatsoever. Such fund shall be depositeee at interest, with the depose* story. or depositories of other public funds of ash city, end all it-` serest__-collected teet$fose shall; belong to Vale fend. Any war pies of funds xemintng out of the proceeds of such bends, ear, at of said ants and expense are tall paid, shall be paid tam; est b , a part of Os park distsist bond fund as in this prat sehe ee} $s N3:ffi• For the penes* of rats* money to pay all bonds issued as provided in section a of this tot, and any interest thereon. the board of perk commissioners of any such city of the first class p is hereby empowered. to levy, and shall levy, each year, a special tax upon all of the property, both real and personal, on and located within the territorial limits of such park -district, in such manner as to meet and pay the principal of said bonds as they severally mature, together with all accruing interest thereon. Shah board shall cause such law se levied each year to be certified to the county auditor of the county in which each park district is located, on Or before the first dayief October each year. such tax so levied and certified shall be eellooted and enforced by the treasurer of such city in the same manner as ether am are now collected and enforced; and as such tax is so collected by the treasurer of such eity, it shall. be hoetnimattted and kept in a separate fund to be known as the *Park district 'bend fund* and shall be applied to the payment of the aforesaid park district bonds eat ins- tenet as they severally mature, and to no other pigpens Whatsoever: Provided, that all accumulations of such fund prior to their use for the payment of such bonds and interest shall be deposited as interest, , with one of the depositories of other public funds in such city, and all interest collected shall belong to such tends. 2$. From the separate and specific fund derived from the sale of such bonds and from such assessments of benefit* as hereinabove provided, and from no Other source, the said board shall pay to the parties entitled thereto the amounts respectively due them for any lands so taken or purchased or work done, by contract or otherwise. In nano such lands, or mar Part thereof, are 00chted by peaches* or contrast such payment shall be made according to the terms of such contract, ant in case of any lands taken by coademeation as herein provided, the assent of dosages so assessed shell be paid or tendered as berets provided, within ninety days after the final totermimation of such condemnation proceedings, or as soon thereafter as the Ind arising from said bonds is available, and thereupon the title of such lands, or that portion thereof so paid for or otherwise acquired for such purposes, shall become fixed and vested in any such city in the winner, to the extent, for the purposes and ettbjeot to the limitations herein- before provided. 29. Within sixty days after any land or right therein is ac- quired or taken under this act, the board shall file and cause to be recorded in the recorder 's Office in the *aunty in whisk land is sit- uated, a description thereof, sufficiently accurate for its identification, with a statement of the purpose for which it is required or taken, which shall be signed by a salinity of the bona. 30. The board of park commissioners of any such city shall have the exclusive and sole poser to order, control and regulate the Planting, trimming and maintenance of the shade trees along the boulevards, street*, avenues and other highways of each city, and shall also have the power to take ever and control the improvement, maintenance and embellishment of all lawns and street centers in and along the boulevards, streets, avenues and other highways along such city. Such board shall have the right and power to compel the owners of lets and parcels of land bordering on such bouelvards, streets, an- nuts and other highways to plant, trial protect and maintain Shade Stan .4 and to sod, plant and maintain such lawns and centers and, upon first adopting a resolution showing the public necessity thereof, to order the planting sad maintenance of such shade *me and sodding, planting and maintenance of such lamas and street centers, and assess the cost thereof t 0 pro rat* against the abutting rig lots and parcels of last ' n adopting such resolution, such board shall give notice and hearings with. right'"to resssautritte, " in the sass mesh as it now or may As Usnisitor-peavidet for increase of Street and sidewalk i proveme n-by tint:bort:-of public works of first class :elitist; 'Pro- vided, however -flat instead of lets . the) contract to the highest -(loses )"- b bidder, -sa+c - rd may, if it shall ,deem .it. necessary to do so, err: out such cant or work with its owns . forces, and charge the total cost tit I as the cost of sunk im" protean* in the -same aeaan ) at if a contract`be lot for the sans which esostt. may include a "reasonable g antee, but shall, however; not exceed the estimate to be made" and "placed on file at the -time{ of the adoption of such lutien. All saaas esasents moist for week -in=F proyenas+ents shall be payable in one papionts without notice, at the next Pew tftleOlfing time after the completion thereof and shall be a lien against the separate "lots, and.`paarcels of lend n ttiug said improvement,' and If not paid when due, may,, after giving notice, be enferetabletty enforceable f eooiosuare in the ease manner as assessments made for street ant iii dui ovements. 3).• The 'ten 'public playelliteda and public recreation *enters, or (for) public playground. and •r en. pinpoint*, as teed in this act, does -and sal inileds public playgrounds, is plc . elds, public swimmi pools, public baths and ce aar4tty;enters. The board of park ooamita idssas of any gigeb sit/ erste first" slats is total given . the exelusin right end-power to establish dip and maintain public 11 playgrounds, putty playfieldo, -publ. swimming setnaina Poole, public 'baths 1 and community tenter* in any _rack city of the first *lass, and stall have the iffier to"'nisei directors, assistants and employes* to 'curia" ago and eontrolmthe SOSO and prescribe their retie* and tic their compensation. . heart of sabool commissioners,of any such witty of the .first *lass is-hereby astheriset to permit the use of public school grounds or 'Ituadinge under their control'as say be rearmed or:adaptable for ,a -:•,,,,--.r: se bid' of park osoners or any such- city Of" .. first: o ss. shall also•bats the excluisivle_ max- agiments. custody:anad control of,' and the right to aaainta. a ll palie playgrounds playfiele public cling pools public c-ba and . community ;enter* net establisshed,,hichare now and have heretofore 1 data under the controls nd custody of the bseeard of public heal{ sa charities ice'cities of the first cuss. Upon the taking effsect 'eat thus act, 'the caste cad control of all public playground and equi t ant all,papers- ant ds.peertai� there by any city of the first elites and new ander the entrel control of such heard 1. of pale health and charities shall be transferred to the betrd of park co seioerfls of sash city, and all .mantra then r nt in finis the of nosh � under the centre], of the beard. of public . health and charities levied and coll.saa ed, and levied and to be col- lected, wader an *et entitled tin act to provide for the establishment, public Playgrounds, public bath* and mainitsnaitte equipment of � �'� public cosfort stations in cities of the first, " steonds third, *atria and *lases, control f '. n 2s ), isSll be r �ngimment► Onatott and control Of the board of pork : maal.asonaxs .. of an each city, anti it 'shell be this duty of the department of finance, n the taking effect of thin act, to take such transfers and said fie sal be used exclusively by' the board. of park comae s- sinners for playgrounds and recreation PorPeastre as as the r of rust sans than one tent and not rd than ' - cents, sn..la uta/tea o dollars card. of peek eommi ssiopea's may be equated, of taxable on property in wish cities of the first elate, as the same appears on the tax duplicate, shall be, in addition to all all other taxes . ,, of such city and in addition to the other taxes authorised to her levied under this set levied annually by the `44walen council of such :cities of the first cane for playground and recreation pigpen*" and the slay treasurer shall collect the ease as Otter city tamest act CO-fleeted and skst.11, between the first and fifth o each *oath, �ifyy the heard of park ooamissioners Of the anent of such to collected for plate- ground and recreation purposes dutri tsg:.the preceding month and, upon the date of notification above refired to, the city treasurer shall credit the pistygronnd and reerestion fund with. such amounts of taxes for playground. and recreation prape as have been collected at that tins. . Chet aid heart of park seendssiesers thall have full ant complete end, excluslive authority to for and in 'behalf of said city all sus. of mosey thus' realised for playground and recreation Purposes. r. " Mash f l be nod'by said board` of 'park solealesiosers for plop-, .g�ro d and recreational l � no other . All d s dwrton from heretics, ssr from assessments or otherwise, Under` tide oat, shall he under the exsl sire central of (the) "board of perk enmiststioaers and subject to the Warrant eft proper city officials without any fur- ther bpprop riation by the common council. 12. An entitled Ada act creating and establishing a park district, with special"taxing s within the territory comprising cities of the first elate and adjacent territory lyieg outside of the beastweies of such tittles of the tiritt glass, wi thi at two thousand& feet of the outside ,haundariss of soh cities, and including anyr inc oarporatted town within the'9 vn ies of sack cities of the first class„ providing for as. special election, the appol.ntssit of beard'of Park easel- ssioners of such park district, defining t'he powers rights and c ties of the board or park coasmissionere of such park district, conferring certain sertede powers and duties upon the mayor of such city Of the first class within each district, and wan the"trustees of any town within the boundaries of any suck 1114210k, lifuliWPOILtbe Judge of the circuit,court Wherein, such district it *Murata, and upon the common council and trenturer of such" county wherein Rich district is at$Sited, providing for the transfer of pork property, rights and contracts of any oity or town within suet park dis cs , authorizing. the ent of rules and regulation by stack park beard of such park district and providing penalties for the violation t eof, providing the "estsblisbment of-a bureau of playgrounds and recreation :under the contre]. of the park nonninniOnere of sack district, and the levying of a ter dor mash par- Ptanit to be levied by the stoommen, council og an such city Of the prst class, and the board Of trustees o f any inasuperated taste in such dis- trict, providing for the levying of a .special benefit tar and the iisn- naee of bonds by such perk district, repealing notions: 24 and 87.,of an act entitled, 'An sat cereerning the deportaent of Patti. parks is cities of the first and second classes, defining its powers: and ditties, conferring certain Peron Von the tenon reenil and Mayor of sash cities in:relation to said park department; lealisieg appoit ttments of boards. of Pork commissioners in such ciies and acts douse Pea boards repealing conflicting ;�, ant declaring an emery', approved rash & 1911, and attending iectio4 17, of an entitled t.. s� concerning' the 'department of public parks' is citiiest o'f the "mat *thee sod a se testes, defiaaisf "i tenth and d ties, iaoptf irk "see twin powers upon the common council and .'mayor of such cities lit relettalt to said park department, legalizing appointments of hoards of"• k commia- stoners in such cities, and acts done by seek boards, repealing centileting laws, and 'declaring an esergeney, approved March 6, 1911, sad: repealing conflicting lass, approved March 5, 1917, be and. the moats.is hereby repealed and also all other laws and parts of luaus in conflict with the provisions of this net in no far' as they rotate to .cities, of the first class, are :ereby repealed. Section 2. It is the intent and purpose of this ordinance to adopt all of the existent Acts of the Legislature of Indiana concerning the department of public parks in cities of the first class in accordance with authority conferred by chapter 199 of the' Acts of 1929. Section 3. This ordinance shall be in full Sorce and effect on and after its passage according to law, signed by the President of the Couhoil and approved by the Mayor. 040 a/14 ci 4.........aa_i • _ i ATTEST: ci'W`a`LERK L i L 1 1 1 r