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r <br />ROB=RT J. POLZAK <br />Attorney and Coanaelor at Law <br />1693 14tH AVENUc N. W. <br />NEW BRIG HI'O N, MN. 55112 <br />~, <br /> <br />" Mr. James Fornell August 11, ,1981 <br />•`'City Manager <br />City of New Brighton ' <br />.`803-.5th St. N.W. <br />New Brighton, Minnesota .55112 <br />rec' Long Lake Park <br />D"ear Mr. Fornell: <br />This.letter.is written to .you and other involved,., city <br />officials on behalf of .'the Long Lake Improvement Association <br />as a request for clarification of authority under which the <br />City of New Brighton intends to convey the Long Lake Park <br />property to Ramsey County for purposes of a Regional Park <br />development. <br />Thin letter is not to be construed as a 1'egal opinion or the <br />_ legal position of the Long Lake' Improvement Association.. It <br />is singularly a request for clarification. `, <br />For purposes of such clarification,-this letter will comment <br />on certain applicable Minnesota Statutes. 4 <br />The Joint Exercise of Powers Statute, Section 471.59 in <br />summary sets forth language permitting agreement of two or <br />.more...governmental units, the city and county in this case,.. <br />to exercise any power common to the contracting parties. <br />„ Subdivision 5 of said statute states"Such agreerr-ent shall <br />provide for the disposition of ariy property acquired as the <br />result of such joint or cooperative exercise of powers, and <br />the return of any surplus moneys in proportion to the <br />contributions of the several contracting parties after the <br />purpose of the agreement has been completed.": <br />Clarification of the applicability. of this Statute is• <br />requested to a situation where property was originally <br />acquired under M.S.465.O1 by one party and not as a result <br />of exercise of power of two or more governmental units as <br />. set forth in M.S.471.59. <br />M.S.465.035 provides "Any county, .town, city or other public <br />corporation may lease or convey its lands for a nominal <br />consideration, without consideration or for such consideration <br />as~may,be agreed upon to the-State or to any governmental <br />subdivision..... when authorized by its governing body." <br />a <br />\ , <br />