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March 8, 201.1 City Council Minutes -- 3 Hrs. 33 minutes. <br />Mayor Johnston: Can Option B be defendable? <br />Attorney Snyder: It can be defended. Recommend that a painless and elegant alternative <br />to buying the property, eliminate SAC and WAC Fees, provided there is public use <br />sufficient to allow to why we eliminate SAC and WAC. <br />There is a statute that allows the school district and City to own property. The City and <br />school district can lease properly, but the lease cannot exceed 30 years. A number of <br />issues that a prospect of a lease creates can be easily eliminated. <br />The statute states the City has the authority to purchase property for another taxing entity, <br />as proposed. Then if you operate :Parks & Ree and the School District operates Park & <br />Rec, then the City can purchase land subject to a number of conditions: <br />Limitations lease terra not more than 30 years <br />Limitations include providing for City use of facilities <br />There is also a specific statute that I did look at, to purchase for the purpose of another <br />taxing entity. Ties it up to 99 years and have the ability to review calendaring in <br />exchange, therefore, I think it is doubtful. Thus I made the recommendation. <br />Mayor Johnston: Does the other opinion specifically state the City has the authority to <br />enter into the agreement? <br />Attorney Snyder: It does. I refer back to State statute. No support. If you have an <br />opinion, then you have an opinion. So you can look at that opinion and rely on the <br />opinion if something goes wrong. Be responsible. That's the reality. That is why I made <br />the recommendation I did. <br />This excerptfrom the March 81h minutes is not complete. <br />