430 PARKS 



recreation piers; to pass all ordinances and rules and make all regulations 

 proper or necessary to carry into effect the powers granted to cities or 

 villages, with such fines or penalties as the city council or the board of 

 trustees shall deem proper; to appoint officers not otherwise provided for by 

 election; all such officers shall be appointed by the mayor with the advice 

 and consent of the city council unless otherwise provided for. These are 

 the essential powers needed in handling park problems in any incorporated 

 community, and while the rights and powers of municipal corporations 

 differ in different states these citations from the Illinois laws are more or 

 less typical of such laws everywhere. 



In the consideration of all the other plans and methods for handling 

 parks, except in independent park districts which are generally clothed 

 with corporate authority, it is important to remember that the ultimate 

 authority resides in the governing body of the municipal corporation. 

 Thus in city manager governed cities, commission governed cities, cities 

 under the federal plan of government, and in most cities having park 

 boards or commissions or park departments the ultimate authority is the 

 council. In the last-mentioned case all that is usually done is to delegate 

 certain of the original powers of the municipal corporation to another 

 corporation dependent upon the municipal corporation. 



The Administrative Control of Parks Under Commission Form of 



Government 



San Antonio, Texas. " The executive and administra- parks, plazas, grounds and cemeteries of the city; to 

 tive powers, authorities and duties shall be distributed direct and regulate the planting and preserving of orna- 

 in and among five departments, as follows: (a) The mental and shade trees on the streets, sidewalks and 

 Department of Public Affairs in General; (b) The public grounds, and to establish and maintain zoological 

 Department of Taxation; (c) The Department of Sani- gardens, and to provide musical concerts in the city 

 tation, Parks and Public Property; (d) The Depart- parks and plazas." Article II, Section 71. 

 ment of Streets and Public Improvements; (e) The "To appropriate private property for the use of the 

 Department of Fire and Police. Section 7, Paragraph city for . . . avenues, boulevards, parks, public plazas 

 2. The Commissioner of Sanitation, Parks and Public and squares ... or any other public purposes author- 

 Property shall have under his special charge the care ized by law, and in such event the Commissioners shall 

 and maintenance of sanitation. He shall have control declare, by ordinance, the necessity for such appropria- 

 of all parks and pleasure grounds, watercourses and tion, describing the property sought to be appropriated 

 sewers, the City Hall and Market House, with the and stating the name and residence of the owner, if 

 grounds adjoining the same, and all other buildings and known, and if unknown stating that fact, and shall cause 

 grounds belonging to or controlled by the city (fire and to be filed with the City Clerk a plan of the property 

 police property excepted and streets and highways proposed to be condemned, and such private property 

 excepted). He shall have charge of and supervision of shall be condemned for the use of the city for the pur- 

 all cemeteries in or belonging to the city, and over all poses expressed in the ordinance by the same proceed- 

 property belonging to or used in connection with ceme- ings and under the same rules, so far as applicable, as 

 teries. He shall perform such other duties as may be are now or may hereafter be provided by the general 

 prescribed by ordinance for the maintenance and pro- laws of this state for the condemnation of private prop- 

 tection of all public buildings and parks and other prop- erty for the use of railroad corporations, save and except 

 erty under his jurisdiction." Section 7, Paragraph 5, that the City of San Antonio shall deposit the exact 

 Charter, City of San Antonio. amount of the award pending appeal, if it should desire 



Powers of Council: "To provide for the purchase, to proceed with the improvement, and the city shall 



maintenance, regulation and improvement of public have the right to assess benefits to the owners of the 



