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Home My WebLink AboutResolution 25-1999 RESOLUTION NO. 25-99 WHEREAS, the City of Spencer, SD has accepted an offer from the S.D.Nursery and Landscape Association and others to assist in the planting of trees to replace those lost in lthe 1998 tornado, and WHEREAS, the S.D. Nursery and Landscape Association has made a public request for donations of trees for this purpose,and WHEREAS, the city of Brookings Parks, Recreation and Forestry Department has a surplus exceeding current needs of suitable variety and size trees in the city nursery/tree bank, and WHEREAS, state statutes permit the gratuitous gifting, exchange and transfer of personal and real property between municipal corporations, NOW BE IT HEREBY RESOLVED that the City of Brookings does hereby donate to the City of Spencer up to 75 trees; varieties, numbers and year of gifting to be as mutually agreed upon between the cities and the project coordinator. Passed and approved this 6`�day of April, 1999. � Mayor T: ��RocKeb� ��o��oiuT� v '��.g � � a - �oo� Finance Officer 6-5-4 LOC 3I. GOVERN1�fENT GENERALLY Source: SL 1971, ch 41, � 2; 1984, cn 42, • § ?• g_�.�}. Exchange of land with private owner — Appraisal — Public notice and hearing. Any county, municipality, sanitary district,township or school district of this state may,by resolution, exchange any land belone ng to them�viih a private owner. Before entering into a contract for the eschange of real property,the;overnin'body shal=aas�S t�hoeare freeholders w thinithe by a boar d of three disinte_ested app county,municipality, saniiarv district, township or school district or by one o r more persons licensed by the state to do fee appraisals. Any eschange shall be made upon such terms, condiiions and in such manner as may be determined and agreed upon by the parties, following public notice and hearing. The notice oi the proposed exchan�e and nearing shall be published once at least ten days before the heaxing. 'I'he notice shall contain a description of the lands io be eschanged. Source: SL 198^, ch 65> 3 ?• g_�-�. Local governments permitted to lease, sell, �ve or otherwise convey real and personal properry to other units of government. Not- withstanding any other provision of law to the contrary, bui, in compliance � wiih the provisions oi tne Constiiuzion of ihe staie�r�other entDa authorized � y county, municipality, school districL, civil township ersonal ro ! by la�v to levy ta.Yes may lease or �ell or give and convey �k or render an Iert��,real property, or monev oi sucin entity or perform anY � services, to the state or any public corporation thereof, to be used by such graniee for an authorized public purpose. Such lease or sale or gifti and con- � veyance, or the perfor*nance oi such work, to be authorized, shall be made or done on the terms and in Lhe manner provided by resoluiions of theor nteresg body. However, no money may be Lransferred from any sinl:ing fund olnsarid�theePnnOAal of a'1 outstanding bondsl interest which may accrue Source: SL 1991, ch ��• CH.�PTER 6-�A LOC�I. L`�RO V�'.�QENT �SSESS,IQENTS Sec:ion g.��.i. Railroad orooerty assessment. Qht-of- 6-�A-1. Railroad property assessment. Whenever a railroad's �b oses ( «ay, street, or railroad properties owned or operated for railway p�'P 5ha11 be included within any assessment for local improvement,such railroad 1 right-of-way, street, or railroad properties owned or operated for railway ptu'- # poses shall be assessed only :i, and to the eYtent th=to losed m ovementStl� � deoartment of revenue ihaL it�vill benefit from the p p P � determinin� whether or not such railroad right-of-way, street, or railroad properties operated for railway purposes benefits, its esistin;use as a railroad 16 + CITY OF BROOKINCS PARKS, RECREATION and FORESTRY DEPT. 221 Main Avenue • Brookings,S.D. 57006 I Phone(605)692-2708 April 1, 1999 Alan Glover, City Attorney 100 22"d Avenue, Suite 200 Brookings, SD 57006 Dear Al, As you know, Spencer, South Dakota is re-building their town after last summer's tornado. The S.D. Nursery and Landscape Association , with assistance from the Forestry Division of the S.D. Dept. of Agriculture are coordinating an effort to re-plant trees through a program of donations of money, labor and trees. OL�r department currently has a surplus of trees of suitable variety and size in our city nursery/tree bank, primarily due to several hundred seedlings planted several years ago that were left over from the Brookings Municipal Utility tree giveaway. We are using them on our boulevards and in new parks but could easily spare 50-75 trees. It has been suggested that we gift these trees to the City of Spencer to be used for planting on public property. Would this be appropriate and legal, reference Sec. 9-12-5 of the Municipal Code, provided we approve a resolution as required? I would like the Parks & Recreation Board at our meeting on April 5`h to request the approval of such a resolution by the City Commission. A draft of a possible resolution is enclosed. Thank you for your review of this matter. Respectfiilly, /�-a`�'`,,� �°'-'�"�'"`.�"'�.�'-�'`z' � C,��C i�y�.� �✓`ti'7�-Ci�y /`-�r�C�1, �'L t-G 2 /`� / /"C't /V�-LYe� � Allyn Frerichs '��'��-�,--- ��- ��'-z`��"-F' • �t� Director of Parks, Recreation & Forestry � n � .�-e�✓z.e we-�C l�^�'l� c%�� . �C.-eZ�� 6cco— _��t¢.e� .. a� d � ► � ` ��