GENERAL ADMINISTRATIVE CONTROL OF PARKS 



437 



centers, and recreational activities, as fully and com- 

 pletely as any or all such powers may be constitu- 

 tionally delegated to such board. The members of 

 the park and recreation board of any such city may 

 be impeached and removed from office upon the same 

 grounds and in the same manner as is or may be pro- 

 vided by law for the impeachment or removal from 

 office of the members of the governing body of such 

 city. No member of the park and recreation board of 

 any such city, and no person who has been a member of 

 such board within six months from the time of making 

 of any contract in behalf of the city by or through the 

 agency of such board, shall be directly or indirectly 

 pecuniarily interested in any contract or in the profits 

 of any contract made through the agency of such board; 

 and any and all contracts made in violation of this 

 provision are and shall be held to be against public 

 policy and void, except that such contract may be 

 enforced by the city, and no such contract at the 

 instance of the contractor or person or corporation 

 claiming under or through the contractor, shall be 

 enforced by any court, nor shall any contractor or 

 person or corporation claiming under or through such 

 contractor recover on a quantum meruit for any work 

 or labor done, or material or supplies furnished when 

 the work or labor done or material furnished was done 

 or furnished under a contract which is void under the 

 provisions hereof; and the city may sue for and recover 

 all money paid under any contract which is void under 

 the provisions hereof without statement on account of 

 any work or labor done or material furnished under 

 contract. No member of the park and recreation board 

 of any such city, and no person who has been a member 

 of said board within six months from the time of making 

 of the sale, shall be directly or indirectly pecuniarily 

 interested in the sale of any material or supplies of 

 any kind or character for construction, betterment, or 

 improvements in developing, beautifying or otherwise 

 improving any park or other property by and through 

 the agency of such board, or in the sale of any material 

 or supplies to any contractor or subcontractor to be 

 used on or in furtherance of work let by or through the 

 agency of the park and recreation board, and no suit 

 can or shall be maintained in any court by the seller 

 or person or corporation claiming under or through the 

 seller for the purchase price or value of material or 

 supplies sold in violation of the provisions hereof, and 

 the city may sue for and recover from the seller the 

 amount of all money paid to the seller for material and 

 supplies sold in violation of the provisions hereof, and 

 no person who has been a member of the said board 

 within six months from the time of the making of the 

 sale or purchase shall be directly or indirectly pecu- 

 niarily interested in the sale to or purchase from the 

 city by or through the agency or instance of said board 

 of any land or interest in land, and any sale to or by 

 the city made in violation of this provision shall, at 



the instance of the city, be held to be against public 

 policy and void, and may be rescinded by the city. 

 Provided however, that if any member of the park and 

 recreation board is a stockholder in a corporation own- 

 ing land or interest in land desired by the city for park 

 and recreation purposes, or is the owner of an undivided 

 interest in the land desired for such purposes, or if 

 any member of the board is a stockholder in a corpora- 

 tion desiring to purchase land proposed to be sold by 

 the city at the instance of the park and recreation board, 

 such members may, in open meeting of the board, dis- 

 close his interest, which shall appear on the minutes 

 of the meeting, and retire from the meeting of the board, 

 and the other members of the board, if a quorum 

 remains, may consider the matter and decide the same 

 as they deem best; and any such sale shall be legal and 

 valid. Provided further, that if any member of the 

 park and recreation board is the owner of land which 

 it is desired to acquire for the city for any such purpose, 

 the same if acquired shall be acquired by the exercise of 

 the right of eminent domain, and the petition or pro- 

 ceedings for condemnation shall set forth the facts in 

 regard to the ownership by a member of said board. 



Section 8. If, in the opinion of the park and recrea- 

 tion board of any such city, the funds available for such 

 purposes be inadequate to provide ample, appropriate 

 and suitable grounds, buildings, and equipment for all 

 the needed parks, park areas, park boulevards, play- 

 grounds, park and playground systems, recreation cen- 

 ters and other recreational facilities and activities of 

 such city, the park and recreation board may petition 

 the governing body of such city to call an election for 

 the issuance of bonds on the credit of the city in an 

 amount sufficient to provide the necessities of such 

 city in these respects, subject to the limitations set 

 out in the Constitution of the State, and the governing 

 body of such city shall call or cause to be called the 

 election at the time requested in said petition. 



Section 9. The governing body of each such city 

 shall cause to be set aside and kept and maintained a 

 park and recreation fund, and cause to be kept an 

 account of all receipts for and disbursements of such 

 fund. Each year during which there is not levied and 

 collected for such city a special tax to be devoted to 

 park purposes, the governing body of each such city 

 shall appropriate and cause to be paid into and 

 credited to the park and recreation fund, a minimum 

 amount of fifty thousand dollars, which appropriation 

 shall be made at such time as appropriations are made 

 for other departments of the city. The governing body 

 of the city may from time to time make additional 

 appropriations to the park and recreation fund and 

 cause the same to be paid into or credited to said fund. 

 The proceeds from sale of all bonds issued by any such 

 city for park purposes shall be paid into and credited to 

 the park and recreation fund. The park and recreation 

 fund of each such city shall be kept with the funds of 



