GENERAL ADMINISTRATIVE CONTROL OF PARKS 



469 



In the Matter of Cooperation With Outside Agencies. 



Because of the questions which have sometimes arisen regarding the 

 legal right of park and recreation authorities to expend public funds and to 

 organize and direct activities on properties not legally owned or controlled 

 by them, there has been inserted in most modern legislation dealing with 

 organized recreation, clauses giving the governing authority the specific 

 right to conduct activities at public expense on properties belonging to other 

 public agencies and private individuals and corporations. There is usually 

 a proviso in the case of public agencies that such a right must be exercised 

 with the consent of the governing authority of the cooperating agencies and 

 that the powers of the cooperating agency over its own properties are in no 

 wise lessened by their use by park, recreation or other governing authority. 

 In relation to the use of private property the proviso usually reads, "by 

 and with the consent of the owners/' The following are examples of sue! 



-is ions: 



1. "Any two or more municipalities may jointly pro- 

 vide, establish, maintain and conduct a recreation 

 system and acquire property for and establish and 

 maintain playgrounds and recreation centers. Any 

 school board or park board may join with any munic- 

 ipality in conducting and maintaining a recreation 

 system." Section 5 of an Illinois Act providing for the 

 acquisition, equipment, conduct and maintenance of 

 public playgrounds in and by cities, towns and villages 

 having a population of less than one hundred and fifty 

 thousand approved June 24, 1921. 



2. "And may cooperate, by agreement, with other 

 commissioners or boards having the custody and 

 management in such cities of public parks, libraries, 

 museums and public buildings and grounds of whatever 

 sort, to provide the equipment, supervision, instruction 

 and oversight necessary to carry on much public edu- 

 cational and recreational activities in and upon such 

 other buildings and grounds." Wisconsin Statutes, 

 1923, 43, 50, Use of School Buildings and Grounds for 

 Civic Purposes, part of Section I. 



3 . " The public recreation board shall have power and 

 authority to equip, operate, supervise and maintain 

 playgrounds, athletic fields, swimming centers, indoor 

 recreation centers, municipal camps or other recreation 

 facilities on or in any public grounds or buildings, either 

 within or without the city, which the city council may 

 from time to time, acquire, authorize, offer, designate 

 or set apart for such use; it shall have power, with the 

 consent of the school board, to organize and conduct 

 play and recreational activities on grounds and in build- 

 ings under the control of the school board, provided, 

 that nothing in this section shall be construed to abridge 

 the power of the school board to refuse the use of any 

 of its grounds or buildings; it shall have power to equip, 



operate, supervise and maintain playgrounds, athletic 

 fields, swimming centers and other recreation facilities 

 on or in properties under the control of the park board; 

 it shall have the power to take charge of and use any 

 grounds, places, buildings, or facilities, which may be 

 offered, either temporarily or permanently, by individ- 

 uals or corporations, or other person whomsoever, for 

 playgrounds or recreational purposes." Excerpt from 

 Chapter XIX, Section 4, charter of City of Fort Worth, 

 Texas. 



4. "The county park laws of Michigan specifically 

 empower the county boards of supervisors to con- 

 tribute toward the improvement and maintenance of 

 any park area owned or held in trust by any township, 

 village or city within their respective counties or adjoin- 

 ing counties or for any public park owned or held in 

 trust by two or more adjacent or adjoining counties. 

 Park areas in this instance also include boulevards, 

 and highways or streets laid out as boulevards." 

 Michigan Laws, Act 90, 1913, amended to 1925, 

 Section 3. 



5. "The jurisdiction and powers of said commission 

 shall extend to and may be exercised in the cities of 

 Providence, Pawtucket and Central Falls, the towns of 

 East Providence, Cranston, Warwick, Johnston, North 

 Providence, Lincoln, Harrington, and the voting dis- 

 tricts numbers 3, 4, and 5 in the town of Cumberland; 

 which cities, towns and voting districts shall constitute 

 the Metropolitan Park District of Providence Planta- 

 tions." Rhode Island, Public Laws, Chapter 410, 

 Section 3. 



"Any city or town within said metropolitan park 

 district is hereby authorized and empowered to transfer 

 the care and control of any open space owned or con- 

 trolled by it to said metropolitan park commissioners, 



