Board of Park Com'rs v. City of Nashville

• Decision Date: 01 April 1916
• Citation: 185 S.W. 694,134 Tenn. 612
• Parties: BOARD OF PARK COM'RS v. CITY OF NASHVILLE.
• Court: Tennessee Supreme Court

185 S.W. 694

134 Tenn. 612

BOARD OF PARK COM'RS v. CITY OF NASHVILLE.

Supreme Court of Tennessee.

April 1, 1916

Appeal from Chancery Court, Davidson County; Jas. R. West, Special Chancellor.

Agreed case between the Board of Park Commissioners and the City of Nashville. From a decree for the Park Commissioners, the City appeals. Affirmed.

A. G Ewing, Jr., City Atty., and F. M. Garard, Asst. City Atty. both of Nashville, for appellant.

Vertrees & Vertrees, of Nashville, for appellee.

NEIL C.J.

This is an agreed case filed in the chancery court of Davidson county to determine the respective rights of the board of park commissioners and the city of Nashville touching funds appropriated by law and by contract to the former.

The board of park commissioners was created by chapter 22 of the Acts of 1913,§ 39. The board existed under previous charters but these need not be referred to.

Section 39 reads:

"1. That there shall be a board of park commissioners of the city of Nashville, composed of five members, who shall have been bona fide residents and citizens of said city for at least five years prior to their becoming members of said board; and the term of office of each of the five members of said board shall be five years from the first day of May of the year he becomes a member of said board, or until his successor shall have been selected and qualified; and upon a vacancy by resignation, death, expiration of the term of office, or otherwise, of any member of said board, his successor shall be selected by the remaining members of said board of park commissioners, subject to the approval of a majority of the board of commissioners of said city. * * *

2. The members of said board shall devote such time and attention to the duties of their office as the efficient performance thereof may demand and require, and their services shall be without compensation. * * *"

The section then provides that each member shall take an oath of office and execute a bond in the sum of $10,000 for the faithful performance of his duties; this bond to be approved by and deposited with the board of commissioners of the city of Nashville. The section proceeds:

"The members of said board of park commissioners shall, immediately upon their appointment and qualification, as above provided, organize by selecting one of their number as chairman, and by the election of a secretary, who need not be a member of the board. The term of office of the chairman and secretary shall each be one year, but they may be re-elected to any number of successive terms. The salary of the secretary shall be fixed by said board of park commissioners, and his duties shall be prescribed by said board.

3. That whenever, in the opinion of said board of park commissioners, property within or near said city shall be needed for any park purposes, said board may acquire the same by purchase, or may proceed to condemn the same; and the proceedings for such condemnation shall be under the provisions of, and as prescribed by, sections 1325 to 1348, inclusive, of the Code of Tennessee, the same being sections 1884 to 1867, inclusive, of Shannon's Compilation of the Laws of Tennessee. The said board shall be authorized to establish one or more parks in such locality or localities as they deem in their discretion best for the interest of said city. The title to all property acquired for park purposes by gift, devise, or condemnation shall rest in the city of Nashville; but the legal title to all property acquired by said board of park commissioners by purchase shall be taken in the name of the chairman of said board of park commissioners as trustee until fully paid for; and the city of Nashville shall in no wise be responsible for any portion of the purchase money agreed to be paid therefor, except it agree by ordinance, duly enacted by the board of commissioners of said city, to purchase said lands, whereupon said trustee shall immediately convey the same to the city of Nashville. Said board of park commissioners shall have full power and authority to purchase any land deemed by them suitable for park purposes, and to execute notes or bonds therefor, with interest payable annually or semiannually, maturing at such time as may be agreed upon, signed by the chairman and secretary of said board, and to secure the purchase money due for the same by mortgage or vendor's lien upon the property purchased, and may sell any portion thereof not needed for park purposes by direction of a majority of said board of park commissioners, and apply the proceeds of any property so sold to the payment of the mortgage or vendor's lien given to secure the purchase money for the whole until said mortgage or lien shall be fully satisfied, whereupon any of said property remaining unsold shall immediately be conveyed by said trustees to the said city of Nashville.

4. That said board of park commissioners, constituted as aforesaid, shall have the care, management, and custody of all parks and grounds used for park purposes, and all such property as may hereafter be acquired for park purposes by said board of park commissioners. The said board of park commissioners shall have power to receive gifts, donations, or devises of land, or may accept other property for park purposes; to lay out and improve walks, drives, roads, tree planting, and other improvements to park or parks, and to enter into all contracts for the same; protect all property and improvements belonging to or pertaining to said parks, or under their management or control, from injury or decay; to adopt rules and ordinances regulating the reasonable and proper use of, preventing injury to and misuse of all parks, walks, walkways, and park property generally; and to prevent disorder and improper conduct within the precincts of the park or enclosure, and providing punishment therefor, or for the infraction of the rules adopted by said board of park commissioners; and the police power of the city in or adjacent to which the said park or parks may be situated shall extend over such park property or properties of every kind as the same is or shall be acquired; and all violations of such rules and ordinances adopted by said board of park commissioners, and all other misdemeanors and offenses committed within any park property or precinct, may be punished by the city court of said city upon complaint and proceedings as provided by law in cases of misdemeanor and violations of city ordinances. The said board of commissioners, and their agents and employés, will have the power to make arrests for misdemeanors committed within any park precinct or any violation of any of the park rules or ordinances.

5. That the board of park commissioners shall have exclusive power to employ and pay such superintendents, employés, and other persons as it may deem necessary for maintaining, improving, and controlling all park property; and it shall have authority to make any other expenditures for park purposes within its funds and its powers as defined herein. Said board of park commissioners shall, each year prior to the making of the annual levy of taxes by the board of commissioners of said city, prepare and submit to the board of commissioners an estimate of the amount of money which shall be required for the purchase, maintenance, and improvement of park property for the succeeding year, beginning January first, which estimate shall set forth the items of expense as accurately as possible; and it shall be the duty of the board of commissioners of said city, in its annual levy of taxes, to make such special levy for park purposes, separate and distinct from its levy for ordinary municipal purposes, of a tax of not less than ten cents on the one hundred dollars of the value for assessment within said city as shall be necessary to meet the expenditures contemplated in said estimate of the board of park commissioners; and the amount so levied shall be collected and carried to the credit of the board of park commissioners, and shall not be diverted therefrom; and the same shall remain a separate and distinct park fund in the hands of the commissioner of finance, lights, and market house of said city. All expenditures on account of this fund shall be made upon vouchers approved by the park commissioners through its chairman and secretary, which vouchers shall, when accompanied by detailed statements of such expenditures, be payable on presentation at the revenue office of said city. All funds arising from any source which are to be devoted to or used for the purchase, maintenance, and betterment of the public parks owned or controlled by said city, shall be paid from time to time to the commissioner of finance, lights, and market house, and a separate account thereof kept. The park commission, through its proper officials, shall be authorized to draw from time to time upon said funds; and it shall be the duty of the commissioner of finance, lights, and market house to pay such checks whenever drawn, so long as there is a balance to the credit of the account of public parks; but the money so drawn shall be used to purchase, repair, improve, and maintain the public parks in and near the city of Nashville under the management of said board of park commissioners.

6. That the board of park commissioners shall keep accurate records and books of account, and shall make a report to the board of commissioners of said city during the month of December of each year, showing the amounts received, from what source, how expended, with such explanations and recommendations as may be deemed to the best interest of the public parks.

Books of account of said board and of all officers thereof shall at all times be open to the inspection and examination of the board of...