PARKS AND PARK COMMISSION

Memphis Charter art. 57

in effect

Memphis Charter, art. 57, § 576 Power to acquire and maintain parks generally.

Sec. 576. - Power to acquire and maintain parks generally. The City of Memphis is authorized and empowered to acquire, improve and maintain parks for the benefit of the public. The parks or lands to be used for park purposes may be purchased either by private negotiation or by condemnation, as hereinafter provided, as may be determined by the Board of Commissioners. If the parks or land for park purposes be purchased by private negotiation, the negotiation shall be conducted by such member or members of the Board of Commissioners as shall be designated by it, but no purchase shall be effected until the same has the approval of a majority of the Board of Commissioners. And said parks or land for park purposes may be purchased either within or without the limits of such City, but not more than ten miles from the nearest point on the limits of such City, as such limits may be at the time of such purchase. (Acts 1899, ch. 142, § 1)

Memphis Charter, art. 57, § 577 Condemnation of land for park purposes.

Sec. 577. - Condemnation of land for park purposes. The City of Memphis may condemn parks, or land for park purposes, under the power of eminent domain, and such City is hereby expressly given the power to condemn for park purposes the yards, switches, tracks, the depot and property of every character of any railroad company, and also the property of any manufacturing establishment, and also the property of any other person or corporation, either within or without the limits of said City, but not over ten miles beyond the nearest point in said limits, as such limits may be at the time of such condemnation, and the proceedings for the exercise of this power of condemnation shall be the same as that now provided by law for the taking of private property for public uses. (Acts 1899, ch. 142, § 2)

Memphis Charter, art. 57, § 578 Acquisition of parkways between City and parks or between parks.

Sec. 578. - Acquisition of parkways between City and parks or between parks. Such City shall have the power to purchase, by private negotiation, or acquire by condemnation, a parkway or parkways, either running from said City to any such park, or running between and connecting such park, and such City may purchase or condemn such parkways, either within or without the limits of such City, but in no case more than ten miles beyond the nearest point on the limits of such City as the same may be at the date of such purchase or condemnation. (Acts 1899, ch. 142, § 5)

Memphis Charter, art. 57, § 579 Park Commission generally.

Sec. 579. - Park Commission generally. (a) The Board of Commissioners of such City shall have the power to establish, by ordinance, a Park Commission, composed of three members, who shall be elected by said Board of Commissioners. The first Park Commissioners elected shall be elected for the following terms: One for two years, one for four years, and one for six years, and at the expiration of the term of office of each commissioner, his successor shall be elected for a term of six years. Such Park Commissioners shall have the entire control of the parks, park lands and parkways acquired by such City under the provisions of this Act. It shall be their duty to direct the laying out, improvement and maintenance of said parks, engage all superintendents, gardeners and other employees, and no moneys shall be paid out of the proceeds of said park bonds, nor park tax, until the vouchers for the same are approved by at least two of said Park Commissioners. Said Park Commissioners are hereby expressly empowered to open or close up any streets, alleys or roadways running across or in such parks, or park lands, and they shall have this power as well within the limits of such City as without such limits. (b) Section 6 of chapter 142 of the Acts of 1899 [paragraph (a) above], being a part of the Charter of the City of Memphis shall be amended so as to provide that the Board of Commissioners of the City of Memphis shall be authorized to fix the term of office of the members of the Park Commission; the terms of the present commissioners, however, shall remain as now fixed by said Act until the expiration of their respective terms. (c) The Park Commission of the City of Memphis shall be composed of five members instead of three members as presently constituted; and the Board of Commissioners of the City of Memphis are hereby authorized and empowered to elect two additional members to said Park Commission each for a term of three years, and at the expiration of the term of office of each such additional commissioner, his successor shall be elected for a term of six years. (Acts 1899, ch. 142, § 6; Priv. Acts 1941, ch. 44, § 1 (24); Priv. Acts 1947, ch. 712, § 2)

Memphis Charter, art. 57, § 579.1 Authority of Board of Commissioners to prescribe qualifications and term of members of Park Commission and rules and regulations governing commission; disbursements by Park Commission; etc.

Sec. 579.1. - Authority of Board of Commissioners to prescribe qualifications and term of members of Park Commission and rules and regulations governing commission; disbursements by Park Commission; etc. The Board of Commissioners of the City of Memphis shall have full and ample power at any time and from time to time to provide by ordinance or resolution the qualifications and terms of office of the members of the Park Commission and the rules, regulations and provisions to govern the Park Commission with respect to the control, maintenance, management, conduct or operation by the Park Commission of any of the parks, playways, playgrounds, recreational centers or park or recreational facilities, devices, concessions or any properties, projects or operations now or at any time devoted to or designated for use or used for park purposes or as part of the park system of the City of Memphis or under the control, supervision or jurisdiction of the Park Commission; and the Board of Commissioners of the City of Memphis shall have the power and authority from time to time by resolution or ordinance to limit, restrict and to change or entirely terminate the use or operation of any such property for park purposes or by the Park Commission and to provide rules and regulations to govern the Park Commission with respect to the fiscal and accounting methods and systems to be followed in or in connection with any of said activities or operations, including, without limitation of the foregoing, the budgeting, financing, handling and disbursement of the tax funds or receipts appropriated, set aside or devoted to park purposes or uses under the jurisdiction of the Park Commission; provided that the vouchers for all disbursements of such park funds or receipts on the item or items therefor, whether such disbursement is provided by resolution or ordinance to be made by or through the City Comptroller or other official of the City of Memphis or by or through the Park Commission, shall be approved by the Chairman of the Park Commission or by at least two of the Park Commissioners; provided, further, that the Park Commission, in its employment of such superintendents, engineers, assistants, consultants and other subordinate officers and employees as may be necessary for the efficient operation of the park system and activities within its jurisdiction, shall not be authorized to fix any salary or compensation to be paid by the Park Commission in excess of three thousand dollars ($3,000.00) per annum without the consent and approval of the Board of Commissioners of the City of Memphis; and provided, further, that no contract involving expenditures in excess of five thousand dollars ($5,000.00) shall be entered into by the Park Commission without the consent and approval of the Board of Commissioners of the City of Memphis. (Priv. Acts 1949, ch. 494, § 2)

Memphis Charter, art. 57, § 580 Reserved.

Memphis Charter, art. 57, § 581 Additional authority of Board of Commissioners relative to Park Commissioners.

Sec. 581. - Additional authority of Board of Commissioners relative to Park Commissioners. The Board of Commissioners of the City shall have full and ample power to establish, by ordinance, rules and regulations to govern said Park Commission, and to govern the employment and discharge of employees, and to fix the official bonds and compensation of such Park Commissioners and the employees. (Acts 1899, ch. 142, § 7; Acts 1901, ch. 103, § 1)

Memphis Charter, art. 57, § 581.1 Duties of purchasing agent may be extended to purchases for Park Commission.

Sec. 581.1. - Duties of purchasing agent may be extended to purchases for Park Commission. The Board of Commissioners of the City of Memphis shall have the power and authority at any time and from time to time by resolution or ordinance to enlarge the duties of the City purchasing agent so as to extend the same to include purchases for and on behalf of the Park Commission, whether of commodities for resale in connection with the operations under the supervision or jurisdiction of the Park Commission or of materials, equipment or supplies for use in connection with any of the activities or operations under the supervision and control of the Park Commission upon such terms, conditions or restrictions as may be set forth in such resolution or ordinances defining the duties of the City purchasing agent in the above respects. (Priv. Acts 1949, ch. 494, § 3)

Memphis Charter, art. 57, § 582 Park Commission Attorney.

Sec. 582. - Park Commission Attorney. By and with the consent of the Board of Commissioners of the City of Memphis, the Park Commission of the City of Memphis shall employ a Park Commission Attorney, whose duties shall be to attend to any and all legal work which the Park Commission of the City of Memphis may have, growing out of the administration of the duties of said Park Commission. The compensation of said Park Commission Attorney shall be fixed by the said Park Commission, subject to the approval of the Board of Commissioners of the City of Memphis. (Priv. Acts 1919, ch. 660, § 1; Priv. Acts 1945, ch. 56, § 11)

Memphis Charter, art. 57, § 583 Authority of Park Commission to lease fairgrounds.

Sec. 583. - Authority of Park Commission to lease fairgrounds. The Park Commission shall have the power to lease said grounds for the purpose of an agricultural fair, which may be held upon said grounds for a period not to exceed thirty (30) days per annum upon the condition that the said agricultural fair or the association supporting the same shall obligate itself to keep and maintain the said public parks and playgrounds at all times in good condition or shall pay to the City of Memphis a rental commensurate to the value of said park to he fixed upon by said commission. The terms of said lease shall, in any event, be subject to ratification by the Board of Commissioners of the City of Memphis. In case no contract is made for the upkeep and maintenance of said park or parks in the manner herein provided, then the board or commission directed to be appointed by the Board of Commissioners for the City of Memphis shall, after the purchase and equipment of said property, turn the same over to the Park Commissioners of the City of Memphis, to be kept and maintained by it in the same manner that the other parks of the City of Memphis are maintained. The said Park Commissioners shall have the power to lease or rent said grounds, not only for an agricultural fair, but also for any purpose deemed to be in their judgment to the best interests of the City of Memphis. (Priv. Acts 1911, ch. 505, § 9; Priv. Acts 1915, ch. 209, § 1)

Memphis Charter, art. 57, § 584 Contributions of City to agricultural fair.

Sec. 584. - Contributions of City to agricultural fair. Each and every County in this State having a population of more than two hundred twenty thousand (220,000) inhabitants by the Federal Census of 1920, or any subsequent Federal Census, and every municipality within such County, in which is conducted an annual agricultural fair upon grounds owned, operated or controlled by such County or the municipal corporation being the County seat thereof, is hereby authorized and empowered to contribute out of its general funds, or out of any special tax levy for fair purposes, in aid or furtherance of any annual fair held on such grounds, such sum, not to exceed twenty-five thousand dollars ($25,000.00) per annum for the maintenance and operation of and in furtherance of such fair in such manner as may be determined by the governing authorities of such County or municipality. And the governing authorities of such County or municipality are hereby empowered and authorized by proper ordinance or resolution to be passed in the manner provided by law governing the legislative acts of such governing body to provide for such aid to such fair, and for the payment to the proper governing authorities of such fair of such sum, not to exceed the amount hereinbefore specified, to be used exclusively for the purposes hereinbefore mentioned. (Priv. Acts 1923, ch. 425)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART57PAPACOFetched: 10/28/2026