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Show 132 department by the commission. In Board of of the County of statute which allowed county commis to create a board of trustees to administer the county parks and recreational facilities was sustained. The trust ees were permitted to call a special bond election and put the bonds up for sale only with the consent of the county commission. The Court ruled that the parks trustees exer cised no powers independently of the county commissioners and therefore there was no violation of the ripper clause. Abany soners White,4 v. County Commissioners a The functions of the board of trustees here is [§iq] purely administrative and all powers of condemna tion and taxation in relation to, and even the designa tion of, the recreational facilities authorized remains [§iQ] under th exclsive control of the board of county commissioners. • • • . In 1944, howeve, in stewart v. City of Cheyenne,6 an which provided for the oreation of a board of public utilities in cities over 10,000 was held invalid because the board exercised powers independently of the elected The board consisted of five members, Cheyenne authorities. It had the mayor and removable for cause. appointed by exclusive control of the municipally-owned water works and could hire and fire employees, fix employees' compensation and the number of employees to be hired, purchase machinery act appliances for the water plant, and set the rates to be It was the duty of the city, charged residents for water. to enact such ordinances "when requested by the Board, for the protection board said as may be deemed necessary by condemnation institute to proceedings of such water plant nd the Board of property the private whenever in judgment should be taken." and • • • The Court reviewed a Pennsylvania case, Wilson v. that the ripper School District of Philadelphia,7 which held the power to tax, clause forbids giving to appointed boards 479 Wyo. 420, 5335 660 P. 2d at Wyo. 497, 7328 pa. 335 P, 2d 433 (1959). P. 2d 355. 442. 154 225, 195 Atl. 90, 113 A.L.R. 1401 (1938). |
