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Home My WebLink AboutResolution 10-1999 . RESOLUTION NO. 10-99 � L+ 3 i � ' RESOLUTION OF ANNEXATION � � � ! WHEREAS, the governing body of the CITY OF BROOKINGS has, pursuant to SDCL 9-4-4.1, conducted a study to determine the need for contiguous territory and to identify the resources necessary to extend the municipal boundaries to include Lots 1,2,3,4,5,6,7,8,27,28 and 30 of Block 1, Esther Heights Addition in the NE '/4 of the NE '/4 of Section 3, T109N, RSOW all in the County of Brookings, State of South Dakota, and WHEREAS, the governing body thereafter adopted a Resolution of Intent to Extend Boundaries and conducted a hearing thereon as required by law, and WHEREAS, it is determined to be necessary and in the best interests of the CiTY OF BROOKINGS to annex the hereinbefore described property, now therefore, BE IT RESOLVED by the governing body of the CITY OF BROOKINGS that the following described property be, and the same is hereby annexed to the CITY OF BROOKINGS,to-wit: Lots 1,2,3,4,5,6,7,8,27,28 and 30 of Block 1, Esther Heights Addition in the NE '/4 of the NE '/4 of Section 3, T109N, RSOW all in the County of Brookings, State of South Dakota. BE IT FUTHER RESOLVED that the boundaries of the CITY OF BROOKINGS shall be adjusted accordingly. Passed and approved this 16�'day of February, 1999. ``\��4a��tN�k� � oC�FQCKI,y ��4\�T R�•��'f � ,��QORnifo•� �; • �'ti;4�� Mayor ;'��r° . �O� �XYlk�t .p�� .- �, :�y :. ,�a3 :� ;.�%_� ��tr . — 9' � � C�� •,•�� vo'•. � . � '�......••• f Officer '�h��oyNK`e�� 3�ATEOF90UTM OAK01'q00UI�TY�F8R00KIt�Cis r�4GQ 1 H�b �� AT ��-��O ,300k�`SO-�_____�l _.�,-_r'AG'�.,ZL� .__ ,,... REQISTEROFOEEDIt � �E�UT1' �� i � • �� o � ' c�� ' "�' h � ' i:� �sj v c � � �x. c C �� c :�;. � � c E�� < <� ` C << � `' `� ` C� � f � ` c ` � / ; ,..; RESOLUTION NO. 10-99 � ' RESOLUTION OP ANNCXATION E � j S � WHCREAS, the governing body of the CITY OI�' f3ROOKINGS has, rursuant to SDCL 9-4-4.1, conducted a study to determine the neecl lor conti�uous territory and to identify the resources necess�ry to extend the municipal l�oundarics to include Lots 1,2,3,4,5,6,7,8,27,28 and 30 of filock 1, I;sther I Ieights Addition in the NE '/4 of the NC '/4 of Section 3, T109N, RSOW all in the Cotinty of Brookings, Stale of South Dakota, and WHEREAS, the governing body thereaFter ado�ted a Resolution of Intent to Extend I3oundaries and conducted a hearing thereon as required by law, and WHL'RrAS, it is determined to be necessary ancl in the best interests �f the C1TY OF BROOKINGS to annex the hereinbefore described property, now therefore, I3� IT RESOLV�D by the �overning body of the CITY OF I3ROOKINGS that the following described property be, and the same is hereby annexed to the CITY OF BROOKINGS, to-wit: Lots 1,2,3,4,5,6,7,8,27,28 anci 30 of Block 1, T:sther I-Ieiglits Addition in the NE '/4 of the NE '/ of Section 3, T109N, R50\V all in the County of F3rookings, State of South Dakota. BE IT FUTI IER RI�SOLVCD that the boundaries of the CiTY O1� I3P.00K[NGS shall be adjusted accordingly. Passed and approved this 16`h day of Pebruary, 1999. �`\`��.�,�»►��iq�� i� �/ l 'S�oc'iu,, , • �V�SYEp O,c►r,� � /1L_J � ftClJ�'. lc�G v��oiinilv�G, . ��.. .O��i MayoC// r�i.�Ic�F �7,,(;•�� 'Q• • �.�t•'M� '� � •`��}Yj �,. —- �O: O'��1 �� .', � ,Q83 ,� --__ j J i'f �tr '�i :9. i�� C�� : P, • �� .r Li��'• /X'�4-aR-�.,� :�tirt ' � � __Oflicer ��/y,�'�OY;N`o``.''r� ,�iTA'T�QF�QUTHQAKOTAGOUNTYOFBfl00K1NQS '"il.EDTMI� ��7� i S . .�.s ol u\ ` ° � 1D �C1�`'� AT /p.'so 0'ClAG e00k 1.50/��._r�AG�� I h � �� - AEQISTEROFOEEDI� �Y ��UTb� '� � � rc � 1 7 _ 1 �l `� � I INDIAN HILLS ADDITION 20th St. So. -� 75D.0' 70' . 150.0' 740.0' 60' 60' '� 27 � � 26 15 � � � 1" " I I ^ ,5�.�� ^ ,5�.0� ,40.�� I � 25 0 g 28 0 �so.c 16 0 ( � 140.0' ^ I ' I .0' I I '-� o '-o�N�7 a ,`Gj � � � � 29� � � 24A�`^ '� ^ W ��` B L O C K 3 � � B L O C K 4 O.O� � �' UN U40.O' � �� I I� 30m � o° �ao18 0 > (c' � � � �so.o' �ao.o' \ �� I o.o' S ' I _ � �\ �o � �� I � � a 22 s 19 0 � I I ,o o� o ,so.o� ,�o.o� ^ P� 162.40' 162.40' 165.D' II� �.1Z p N Z� N ZO ^ N � N " N N V N I Cll.y .� Limits 92.25'^70' 150.0' 740.0' 60' 162.35� 162.35� 60' 165.0' �0' I^� � MARTIN BLVD. � 73.40� 60� 150.0' 144.0' 60' 170.0' 150' 70� 160.0' • ro1 0 0 0 0 0 I�.,o� 16 � � 9 � 8 o w N � g N a 1 0l "' � tso.o• �4►.0' � �so.o' ''�' 155.0' ^ � W 170.0' 150.0' ^ O I � o 0 0 � U o 0 Q g 1 0 0 7 s ¢ 0 2 0 � o0 0 2 0 l I o �.5 o z 150.0' 144.0' ^ N o 0 0 5 160.0' 155.0' ^ � w ^ 170.0' 150.0' Q S o o � �r � `� . o � � o � � o � � �I m " 11 0 6 " � 0 3 N o �4 N� �- ^ �N ; 3 N 6 a � � � 120.0' 114.0' N. � 135.2' I � 144.1' 129.6' e' 132.27_ p � �'„+ o �� I 0 � •.p� h �• S �o � - �n o 13 �I'_- K 5 � BLO �R,6 4 5 tsLO� 1 4 �. � � � � �so.o' ,aa.o' � 2 220.0• �so.o' . . . .- . . . . �. City Limits I RESOLUTION OF INTENT AND RESOLUTION OF ANNEXATION � LOTS 1-8, 27, 28 & 30, BLOCK 1, ESTHER HEIGHTS ADDITION JANUARY 5, 1999 I � ♦ RESOLUTION NO. 10-99 RESOLUTION OF ANNEXATION WHEREAS,the governing body of the CITY OF BROOKINGS has, pursuant to SDCL 9-4-4.1, conducted a study to determine the need for contiguous territory and to identify the resources necessary to extend the municipal boundaries to include Lots 1,2,3,4,5,6,7,8,27,28 and 30 of Block 1, Esther Heights Addition in the NE '/4 of the NE '/< of Section 3, T109N, RSOW all in the County of Brookings, State of South Dakota, and WHEREAS, the governing body thereafter adopted a Resolution of Intent to Extend Boundaries and conducted a hearing thereon as required by law, and WHEREAS, it is determined to be necessary and in the best interests of the CITY OF BROOKINGS to annex the hereinbefore described property, now therefore, BE IT RESOLVED by the governing body of the CITY OF BROOKINGS that the following described property be, and the same is hereby annexed to the CITY OF BROOKINGS, to-wit: Lots 1,2,3,4,5,6,7,8,27,28 and 30 of Block l, Esther Heights Addition in the NE '/4 of the NE '/4 of Section 3, T109N, RSOW all in the County of Brookings, State of South Dakota. BE IT FUTHER RESOLVED that the boundaries of the CITY OF BROOKINGS shall be adjusted accordingly. Passed and approved this 16`h day of February, 1999. -�acK��v� �� ' , s {((•JjQ�=�9��.9•�`;o ' May r 1 �:'�� •Y � J~� �'��N S Cp Finance Officer . . � � TO: Brookings City Commission FROM: Kelly Bittiker 2008 Rhonda Rd. SUBJECT: Ester Heights Annexation Commissioners, I would like to start by apologizing that I could not be here to talk with you face to face but my work schedule would not allow that today. In 1992 my family moved to Brookings to get out of the rat race of Sioux Falls. We found a nice old farmhouse that needed a new home. A place in the country. We thought that place was in Ester Heights. We went through all the legalities to have the house moved to Ester Heights. I asked questions at city hall and one of them was about annexation. Back then you told me that you would never annex anyone that did not want to be annexed. This same question has come up several times in the past seven years. One time it came is when you paid to have a study done on future annexation needs of the city. That study told you that residential annexation was not needed for at least ten years. Another time it came up was when the city reneged on a deal you made with the landowner of Ester Heights. When the city ran the main sewer line down to the new treatment plant the landowner was supposed to be able to hook all the lots in Ester Heights to the sewer line in return for crossing his land with the main sewer. Some twenty years later the city changed its mind and forced the landowner to annex the undeveloped lots before they could be hooked to the sewer. In other word he was forced to annex. This is when the majority of the lots were annexed. The rest of the ones that annexed did so after we received a letter last year that stated that we had one year to volunteer to annex, other wise we would be forced. Is this how you get around forcing someone to annex by telling him or her to volunteer first? All but two of the lots left to be annexed are owned by people that own multiple lots. We have large lots because like to have a little distance between houses. It gives us that country feel. Another thing that gives us that country feel is our little two-lane road. Not only is it right for neighbor hood it keeps the traffic and speeds down. When you annex us, a11 that will change. You will force us to put in curb and gutters and blacktop streets and , sidewalks. When you annex us into the city it will raise ow taxes so lugh that some of us won't be able to afford to keep our homes. I am one of � them. I have two kids that will be starting collage in the next two years and ' up grading the street in front of my house will not fit into my budget for the several years. $10 or $15 thousand may not sound like a lot of money to commissioners that spend millions on a metal building but it is a lot of money to me. I know of at least one other development in the city limits that don't have curb and gutter and blacktop streets. Are we going to be fair and make them do their streets also? There is one commissioner I believe has a conflict of interest on the vote that you will be taking today. Commissioner Murra is the listing agent of most of the lots that are left to sell in Ester Heights. I know its only one vote and will not change the out come of today's proceedings but if she votes I will seek council as to the legality of her vote. I often wonder if she is the driving force behind all of this. Thanks for listing, .__ _.___ . ._--_._� ` ' NOTICE OF HEARING UPON A PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN That the City of Brookings has submitted a petition for annexation of the following described real estate situated in Brookings County, South Dakota, to wit: Lots 1,2,3,4,5,6,7,8, 27, 28 and 30 of Block 1, Esther Heights Addition NOTICE IS FURTHER GIVEN That said petition will be acted on by the City Commission at 2:00 PM on Tuesday, February 16, 1999, in the Commission Chambers in the lower level of City Hall, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Theo. C. Kryger Finance Officer If you require assistance,alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. L 1 ,��n e�Q_�7 6/� F�s�heh. He.i.gh,t�, B.2ocFz 1 (Sec�',i.on 3, T]09N, RSOGI) Lo� 1 Fnanc,i�s Gy.P.P..t.ng 405 Ma�#,t.n B.�vd. Lo� 2 S�even Gy.�P.i.ng 405 Mah.t,i.n B.�vd. L�� 3 La.i�S Hat',ton 2221 Dav�,d Cave La� 4 A2bned Andnaw.v., 2534 We��etcn Avenue Sou,th Lo� 5 Lance Pah.fz P.�. B�x 22 La� d Tam Knagman 2210 Dav�,d Cave La� 7 Tam Knagman 2210 Dav�.d Cove La� k Tam Knogman 2210 Dav�.d Cvve L�� 27 Ke.2e.y B.i,t.t,i.fzeh 2008 Rhonda R�ad La� 28 Ke P..P.y B�.#',t'�,ftetc 200k Rhanda Raad La� 30 Radney Pa.u,P�son. R.R. #1, Bax 10, Ca.eman, SD , , ;� RESOLUTION NO. � RESOLUTION OF INTENT TO EXTEND BOUNDARIES WI�REAS, the governing body of the City of Brookings has, pursuant to SDCL 9-4-4.1, conducted a study to determine the need to identify the resources necessary to extend the municipal boundaries to include Lots 1, 2, 3, 4, 5, 6, 7, 8, 27, 28 and 30 of Block 1, Esther Heights Addition in the NE �/4 of the NE '/4 of Section 3, T109N, RSOW all in the County of Brookings, State of South Dakota, and WHEREAS, it is determined to be necessary and in the best interest of the City of Brookings to annex the above described property, now therefore, BE IT RESOLVED by the governing body of the City of Brookings as follows, to-wit: 1. That the description of the property to be annexed is Lots l, 2, 3, 4, 5, 6, 7, 8, 27, 28 and 30, Block 1, Esther Heights Addition in the NE '/a of the NE '/a of Section 3, T109N, RSOW all in the County of Brookings, State of South Dakota 2. That ample and suitable resources e�st to accommodate the orderly development of the contiguous territory 3. That municipal utilities such as water, sewer, electricity and telephone axe existing or readily available and a major street network is already in place and dedicated for public use and that there is a definite timetable upon which other municipal services such as police protection and garbage collection will be extended into the contiguous territory 4. That the approximate cost of extending services to residents of the contiguous temtory will be $0.00 for telephone, electricity, water and sewer; $10.00 a month for garbage collection and 45.00/front foot for street improvement 5. That the estimated difference in the t� assessment rate is an increase of$1.79/1,000 of valuation 6. That exclusions and irregularities in boundary lines are not the result of arbitrariness 7. That there is a reasonable present need to annex the contiguous territory because it is already developed and is receiving municipal services. 8. That the city has experienced a continual gowth rate of 1% - 2% in the past and will continue to develop beyond its present boundaries Passed and approved this day of , 199_ . Mayor ATTEST: . Finance Officer C:\res\intent.doc 9-4-4.4 MUNICIPAL GOVERNMENT Source: SDC 1939, § 45.2906 as added by Notice. SL 1955,ch 215, § 1;SDCL, § 9-4-4;SL 1979, Cit failed to 9-4-4.5. ch 47, § 3; 1984, ch 52, § 2. y �ve proper notice as required The require by statutes where city mailed one notice of Hearittga. both the hearing on the resolution of intent to lty and Spe A ublic hearin Q annex and the reaolution of anneaation, to- ubliCation P g is re uired on the resolu- gether with both resolutions,prior to the adop- P tion of intent to annex and a aecond public tion of either resolution and no further notice officer, requ hearing is required on the resolution of annex- of the hearing on the resolution of annexation voters of th� ation to be held within sixty days of adoption of �vas given after adoption of the resolution of � the resolution of intent to annex. Smith v. intent to annex. Smith v. Rapid City (1981) CinCt fOT it. Rapid City (1981) 307 NW 2d 598. 307 NW 2d 598. Source: SI 9-4-4.4. Hearing on annexation — Notice to county commissioners and landowners—Adoption of annexation resolution—Contents. The 9-4-4.6. governing body shall hold a public hearing to consider extension of its bound- tion. The pE aries within sixty days of the adoption of the resolution of intent provided for resolution a in §§ 9-4-4.2 and 9-4-4.11. Prior to adoption of the resolution of annexation, a five percent copy of the adopted resolution of intent and a notice of public hearing giving municipalit; the time and place of the public hearing on the resolution of annexation shall § 9-4-4.8. T] be forwarded by certified mail to the county commissioners and the affected municipalit� landowners. The governing body shall utilize and rely upon the records of the signature h: county director of equalization for the purposes of determining the affected any, and thF landowners. The governing body may adopt an annexation resolution, con- same mann� taining the description and boundaries of the territory to be annexed, pursu- shall state t ant to chapter 9-19, within one hundred and twenty days of the public hear- and register ing. The governing body shall consider any objections to the resolution of signature or annexation and the adopted resolution of intent, and may adopt the resolution filing of thE of annexation with or without amendments, and may also add to the resolu- tion of annexation any amendments to the resolution of intent. No amend- Source: SL ment may be made affecting any property not described in the original resolu- § 1; �sss, ch i tion. 9-4-4.7. ' Source: SDC 1939, § 452906;SL 1955,ch both the hearing on the resolution of intent to apPlicable. 215, § 1; SDCL, §§ 9-4-3, 9-4-4; SL 1979, ch annex and the resolution of annexation, to- of a petition 47, §§ 4, 5; 1984,ch 52, § 3; 1988,ch 74, § 3. gether with both resolutions,Prior to the adoP- be on a TueB Hearings. tion of either resolution and no further notice the order of A ublic hearin of the hearing on the resolution of annexation p g is required on the resolu- was given after adoption of the resolution of prior to the tion of intent to annex and a second public intent to annex. Smith v. Rapid City (1981) with the pro hearing is required on the resolution of annex- 307 NW 2d 598. ation to be held within sixty days of adoption of rival muniCi the resolution of intent to annex. Smith v. Recitals Required in Resolution of Annex- §§ 9-20-12 t Rapid City (1981) 307 NW 2d 598. ation. The recitals required by § 9-4-42 to be in under the c: Notice. the resolution of intent to annex must also be City failed to give proper notice as required set forth in the resolution of annexation.Smith Source: SL by statutes where city mailed one notice of v. Rapid City (1981) 307 NW 2d 598. 1983, ch 53, § 28 i- ;�? CITY COMMISSION ' J�uARY 12, '1999 PLANNING COMMISSION REPORT .1ANUARY 5, 'I 999 PROPOSAL/ RECOMMENDATION VOTE CHANGES/CONTINGENCIES LEGAL APPROVE DISAPPROVE YES/NO TO ORIGINAL REQUEST I - I I I - I I FINAL PLAT-Lots A � X - � 7 - 0 �Amendment to require easements & B of County High- � - � �on Lot A and H-3 (lot east of Lot A) way First Addition � - � �for existing sanitary sewer and I - I lelectric utilities as requested by I - I �Brookings Municipal Utilities I - I I I - I I ANNEXATION- � X - � 7 - 0 �Note: SDCL: 9-4-4.3 and 9-4-4.4 Resolution of Intent � - I Irequire notification process prior and Resolution to � - I �to public hearings Annex — Lots 1-8, � - I I 27, 28 & 30, Block 1, � - � � Esther Heights � - I I Addition I - I I I - I I I - I I I - I I I - I I I - I I � -� � , ��,. SUBMITTED BY w�� ,t� y- c:\dkh\pc-chart.doc . .___ CHANGE OF MUIVICIPAL BOUNDARIES 9-4-4.3 is reasonable and natural and the municipal Brookings-Lake Tel. Co. v. City of Brookings body created upon completion of the annexa- (1988) 430 NW 2d 575. tion will constitute a homogeneous and unified entity. Big Sioux Township v. Streeter (1978) Recitals Required in Reaolution of Annea- UriiCi- 272 NW 2d 924. ation. The recitals required by this section to be in y may "Contiguous" Territory. the resolution of intent to annex must also be 1uniC- "Contiguous" and "adjoining" territory set forth in the resolution of annexation.Smith ',nsus, refers to territory that not only has a common v. City of Rapid City (1981) 307 NW 2d 598. { physical boundary but also a community of in- � terest with the municipality. Big Sioux Town- Sufficiency of Services. C�; ship v. Streeter (1978) 272 NW 2d 924. Water services and street lighting offered to j annexation area were sufficient to comply with � derly Deacription and Boundaries. statutory requirements, where they were sub- A resolution of annexation that described stantially equivalent to the services provided ed in the territory to be annexed by a metes and to the existing city; the city's exiating water I inite bounds description and by a description of an $upply facilities had adequate capacity to ac- ; ' interstate highway right-of-way, along with commodate the needs of the annexation area, ' ' ► the United States geographical survey subdivi- and the proposed mercury vapor lighting was ' ; sions and various platted lots of record satis- substantially equivalent in atandard and scope c fied the requirements of this section, since a to that furnished to persons and property al- � . the description by lot, block and legal subdivision ready in the city. Kreba v. City of Rapid City � I is not necessary. Krebs v. City of Rapid City (1985) 364 NW 2d 128. (�'I � :s lri (1985) 364 NW 2d 128. '15metable for Egtending Services. i Hearinga. City's resolution of intent to annex which �jj � SUlt A public hearing is required on the resolu- Provided that services would be extended into ��! � tion of intent to annex and a second public the area to be annexed"within two years after I I i hearing is required on the resolution of annex- Petition and the taking effect of a resolution of I I � ari- necessity to construct water and sewer im- � ation to be held within sixty days of adoption of provements..." was too indefinite and did not the resolution of intent to annex.Smit h v.City comply with this section's requirement that a �� Or of Rapid City (1981) 307 NW 2d 598. definite timetable for extending services be in- :�� nd- Major Street Network. cluded in the resolution;at a bare minimum,a Where major streets do exist,or are planned, detailed procedure for petitioning for services � the annexing body must set them forth as a should have been provided. Smith v. City of ' z to Part of the resolution of intent to annex;where Rapid City (1981) 307 NW 2d 598. � � � of resolution contained a plan of the area's exist- �•I'I i Opinions of Attorney General. � II ' ing highways illustrated without detail, this The initial power to select appointees atill �rO section's re uirement concernin I to 4 g"major street rests with the mayor, subject to approval by �;�! ; network"was satisfied.Smith v.City of Rapid the voting members of the common council, ° ; ex- City (1981) 307 NW 2d 598. bly Opinion No. 88-26. 35) Purpose. Law R.eviews. I ,: The annexation provisions in chapter 9-4 are Smith v. City of Rapid City: The 1979 designed to prevent such dangers as gerry- Amendments to South Dakota's Municipal An- ;a_ mandering by cities in annexations. nexation Statutes, 27 SD LRev 89 (1981). � he t 9-4-4.3. Notice to county commissioners and landowners of hearing � �n on resolution — Adoption. Prior to adoption, copies of the resolution of �; 'S intent with a notice of time and place of the public hearing shall,not less than i ;t ten days prior to the date of the public hearing,be forwarded,by certified mail R I � 4 to the county commissioners and the affected landowners. The resolution of i� intent s hall be adopted, pursuant to chapter 9-19, with or without amend- j�i i ments after the public hearing.The governing body shall utilize and rely upon ' � i " the records of the county director of equalization for the purposes of determin- ;� �; e ing the affected landowners. �� :i � ; , � 'i 27 ! � ' � '� ��, � I �,� CITY OF BROOKINGS TO: Francis and Steven Gylling 405 Martin Blvd., Brookings, SD 57006 FROM: Ted Kryger �/C DATE: January 12, 1999 RE: Annexation The Brookings City Commission will be holding a public hearing and acting on a Resolution of intent to annex L�ts 1, 2, 3, 4, 5, 6, 7, 8, 27, 28, and 30, Block 1, Esther Heights Addition in the NE '/4 of the NE '/4 of Sec. 3, T109N, RSOW, all in the County of Brookings, South Dakota. The meeting will be held at 7:30 PM on Tuesday, January 26, 1999, in the Commission Chambers in the lower level of City Hall, Brookings, SD. Anyone interested or has questions may appear and be heard. A copy of the resolution to be considered in enclosed. CITY OF BROOKINGS TO: Lois Hatton 2221 David Cove, Brookings, SD 57006 FROM: Ted Kryger�C DATE: January 12, 1999 RE: Annexation The Brookings City Commission will be holding a public hearing and acting on a Resolution of intent to annex Lots 1, 2, 3, 4, 5, 6, 7, 8, 27, 28, and 30, Block 1, Esther Heights Addition in the NE '/4 of the NE '/4 of Sec. 3, T109N, RSOW, all in the County of Brookings, South Dakota. The meeting will be held at 7:30 PM on Tuesday, January 26, 1999, in the Commission Chambers in the lower level of City Hall, Brookings, SD. Anyone interested or has questions may appear and be heard. A copy of the resolution to be considered in enclosed. c�-rY oF BROOKINGS TO: Alfred Andrawis 2534 Western Avenue S., Brookings, SD 57006 FROM: Ted Kryger �� DATE: January 12, 1999 RE: Annexation The Brookings City Commission will be holding a public hearing and acting on a Resolution of intent to annex Lots 1, 2, 3, 4, 5, F, 7, 8, 27, 28, and 30, Block 1, Esther Heights Addition in the NE 1/4 of the NE '/4 of Sec. 3, T109N, RSOW, all in the County of Brookings, South Dakota. The meeting will be held at 7:30 PM on Tuesday, January 26, 1999, in the Commission Chambers in the lower level of City Hall, Brookings, SD. Anyone interested or has questions may appear and be heard. A copy of the resolution to be considered in enclosed. CITY OF BROOKINGS TO: Lance Park PO Box 22, Brookings, SD 57006 FROM: Ted Kryger �j� , � DATE: January 12, 1999 RE: Annexation The Brookings City Commission will be holding a public hearing and acting on a F.esolution of intent to annex Lots 1, 2, 3, 4, 5, 6, 7, 8, 27, 28, and 30, Block 1, Esther Heights Addition in the NE '/4 of the NE '/4 of Sec. 3, T109N, RSOW, all in the County of Brookings, South Dakota. The meeting will be held at 7:30 PM on Tuesday, January 26, 1999, in the Commission Chambers in the lower level of City Hall, Brookings, SD. Anyone interested or has questions may appear and be heard. A copy of the resolution to be considered in enclosed. CITY OF BROOKINGS � TO: Tom Krogman 2210 David Cove, Brookings, SD 57006 FROM: Ted Kryger�,(� ,\ DATE: January 12, 1999 RE: Annexation The Brookings City Commission will be holding a public hearing and acting on a Resolution of intent to annex Lots 1, 2, 3, 4, 5, 6, 7, 8, 27, 28, and 30, Block 1, Esther Heights Addition in the NE '/4 of the NE 1/4 of Sec. 3, T109N, RSOW, all in the County of Brookings, South Dakota. The meeting will be held at 7:30 PM on Tuesday, January 26, 1999, in the Commission Chambers in the lower level of City Hall, Brookings, SD. Anyone interested or has questions may appear and be heard. A copy of the resolution to be considered in enclosed. CITY OF BROOKINGS TO: Kelly Bittiker 2008 Rhonda Road, Brookings, SD 57006 FROM: Ted Kryger �� DATE: January 12, 1999 RE: Annexation The Brookings City Commission will be holding a public hearing and acting on a Resolution of intent to annex Lots 1, 2, 3, 4, 5, 6, 7, 8, 27, 28, and 30, Block 1, Esther Heights Addition in the NE '/4 of the NE '/4 of Sec. 3, T109N, RSOW, all in the County of Brookings, South Dakota. The meeting will be held at 7:30 PM on Tuesday, January 26, 1999, in the Commission Chambers in the lower level of City Hall, Brookings, SD. Anyone interested or has questions may appear and be heard. A copy of the resolution to be considered in enclosed. CITY OF BROOKINGS TO: Rodney Paulson RR 1 Box 10, Colman, SD 57017 FROM: Ted Kryger ��\ DATE: January 12, 1999 RE: Annexation The Brookings City Commission will be holding a public hearing and acting on a Resolution of intent to annex Lots 1, 2, 3, 4, 5, 6, 7, 8, 27, 28, and 30, Block 1, Es+.her Heights Addition in the NE '/4 of the NE '/4 of Sec. 3, T109N, RSOW, all in the County of Brookings, South Dakota. The meeting will be held at 7:30 PM on Tuesday, January 26, 1999, in the Commission Chambers in the lower level of City Hall, Brookings, SD. Anyone interested or has questions may appear and be heard. A copy of the resolution to be considered in enclosed. RESOLUTION NO. RESOLUTION OF Il�I'I�NT TO EXTEND BOUNDARIES WI�REAS, the governing body of the City of Brookings has, pursuant to SDCL 9-4-4.1, conducted a study to deternvne the need to identify the resources necessary to extend the ' municipal boundaries to include Lots 1, 2, 3, 4, 5, 6, 7, 8, 27, 28 and 30 of Block 1, Esther Heights Addition in the NE '/4 of the NE '/4 of Section 3, T109N, RSOW all in the County of Brookings, State of South Dakota, and WHEREAS, it is determined to be necessary and in the best interest of the City of Brookings to annex the above described property, now therefore, BE IT RESOLVED by the governing body of the City of Brookings as follows, to-wit: 1. That the description of the property to be annexed is Lots 1, 2, 3, 4, 5, 6, 7, 8, 27, 28 and 30, Block 1, Esther Heights Addition in the NE '/4 of the NE '/a of Section 3, T109N, RSOW all in the County ofBrookings, State of SouthDakota 2. That ample and suitable resources exist to accommodate the orderly development of the contiguous territory 3. That municipal utilities such as water, sewer, electricity and telephone are existing or readily available and a major street network is already in place and dedicated for public use and that there is a definite timetable upon which other municipal services such as police protection and garbage collection will be extended into the contiguous territory 4. That the approximate cost of extending services to residents of the contiguous temtory will be $0.00 for telephone, electricity, water and sewer; $10.00 a month for garbage collection and 45.00/front foot for street improvement 5. That the estimated difference in the tax assessment rate is an increase of$1.79/1,000 of valuation 6. That exclusions and irregularities in boundary lines are not the result of arbitrariness 7. That there is a reasonable present need to annex the contiguous territory because it is already developed and is receiving municipal services. 8. That the city has experienced a continual growth rate of 1% - 2% in the past and will continue to develop beyond its present boundaries Passed and approved this day of , 199 . Mayor ATTEST: . . Finance Officer _ C:\res\intent.doc ��s�he�c. H2igh,t�, B2�cfz 1 (Sec,t,i.an 3, T109N, RSOGI) La� 1 �nanc.i� Gy.P.�i.ng 405 McUc.ti.n B.�vd. Lo� 2 S�even Gy.2,P.i.ng 405 Mcv�c:n B.�vd. La� 3 L�.v� Ha,t,tan. 2221 �av�,d Cave Lo� 4 A2�ned Ancl�caw.i�s 2534 Gle�s�e�cn Avenue Soc.Lth Lo� 5 Lance PanFz P.D. 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RESOLUTION NO. 10-99 RESOLUTION OF ANNEXATION WHEREAS, the governing body of the CITY OF BROOKINGS has, pursuant to SDCL 9-4-4.1, conducted a study to determine the need for contiguous territory and to identify the resources necessary to extend the municipal boundaries to include Lots 1,2,3,4,5,6,7,8,27,28 and 30 of Block 1, Esther Heights Addition in the NE '/4 of the NE %4 of Section 3, T109N, RSOW all in the County of Brookings, State of South Dakota, and WHEREAS, the governing body thereafter adopted a Resolution of Intent to Extend Boundaries and conducted a hearing thereon as required by law, and WHEREAS, it is determined to be necessary and in the best interests of the CITY OF BROOKINGS to annex the hereinbefore described property, now therefore, BE IT RESOLVED by the governing body of the CITY OF BROOKINGS that the following described property be, and the same is hereby annexed to the CITY OF BROOKINGS, to-wit: Lots 1,2,3,4,5,6,7,8,27,28 and 30 of Block l, Esther Heights Addition in the NE '/4 of the NE '/4 of Section 3, T109N, RSOW all in the County of Brookings, State of South Dakota. BE IT FUTHER RESOLVED that the boundaries of the CITY OF BROOKINGS shall be adjusted accordingly. Passed and approved this 16th day of February, 1999. ,,�pCKI��GS �� , , �@�QflµhTEO•.S ' Mayo .Q �� :�� ES�� - m • �n`�•. ��J e Officer