1981-08-11 - Laserfiche WebLink

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<~ I~ 1 I ,~- -...\ ~ Roae:~T .). POLZAK Atlornell "nd Counselor 01 Low 1693 '4~H "VENUE N,W. NEW ElRlGH,-ON. t,\N. 5511:?- Mr. James Fornell city Manager city of New Brighton 803-5th st. N.W. New Brighton, Minnesota 55112 August 11, 1981 re: Long Lake Park Dear Mr. Fornell: This letter is written to you and other involved city officials on behalf of the Long Lake Improvement Association as a request for clarification of authority under which the city of New Brighton intends to convey the Long Lake Park property to Ramsey County for purposes of a Regional Park development. This letter is not to be construed as a legal opinion or the legal position of the Long Lake Improvement Association. It is singularly a request for clarification. For purposes of such clarification, this letter will comment on certain applicable Minnesota statutes. The Joint Exercise of powers statute, Section 471.59 in summary sets forth language permitting agreement of two or more governmental units, the city and county in this case, to exercise any power common to the contracting parties. Subdivision 5 of said statute states "Such agreement shall provide for the disposition of any property acquired as the result of such joint or cooperative exercise of powers, and the return of any surplus moneys in proportion to the contributions of the several contracting parties after the purpose of the agreement has been completed." Clarification of the applicability of this statute is requested to a situation where property was originally acquired under M.s.465.01 by one party and not as a result of exercise of power of two or more governmental units as set forth in M.S.471.59. M.s.465.035 provides "Any county, town, city or other public corporation may lease or convey its lands for a nominal consideration, without consideration or for such consideration as may be agreed upon to the state or to any governmental subdivision..... when authorized by its governing body."