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Sandy Peine <br /> From: Chris Hood <cmhood @flaherty-hood.com> <br /> Sent: Thursday, April 02, 2015 2:19 PM <br /> To: Sandy Peine <br /> Cc: Robert Scott <br /> Subject: Solicit Donations for Public Parks <br /> Hi Sandy, <br /> While I would agree that there is no express statutory authority stating directly that a government entity may solicit <br /> donations from nonprofit organizations for parks,there is certainly authority that the City can accept gifts and donations <br /> (Minn. Stat. § 465.03)and there is at least implied authority for cities to cooperate with nonprofit organizations for park <br /> purposes and set up such programs in a manner that the parties mutually agree,which seems to me could be donations for <br /> park purposes. <br /> I believe that simply asking area organizations to contribute to park activities or support the parks falls within the <br /> authority below,albeit this authority is not directly on point, but it seems broad enough to cover this situation. Such <br /> solicitation also seems to fall within the power of cities to undertake activities for the general welfare of the community <br /> The Parks Commission is advisory only. As a result, if they are going to take such action in an official capacity, it would <br /> seem to me that they should make a recommendation to do so to the City Council and have the Council authorize such <br /> action. <br /> Another option for Park Commission members is that there is nothing to prevent individual park commission members, in <br /> an individual capacity as a citizen of Pequot Lakes,to go to these various organizations and ask them to donate money to <br /> the city for park purposes. <br /> See highlighted text below: <br /> 471.15 RECREATIONAL FACILITIES BY MUNICIPALITY, VETERANS; BONDS. <br /> (a) Any home rule charter or statutory city or any town, county, school district, or any board thereof, <br /> or any incorporated post of the American Legion or any other incorporated veterans' organization, may <br /> expend not to exceed $800 in any one year, for the purchase of awards and trophies and may operate a <br /> program of public recreation and playgrounds; acquire, equip, and maintain land, buildings, or other <br /> recreational facilities, including an outdoor or indoor swimming pool; and expend funds for the operation <br /> of such program pursuant to the provisions of sections 471.15 to 471.19. The city, town, county or school <br /> district may issue bonds pursuant to chapter 475 for the purpose of carrying out the powers granted by this <br /> section. The city, town, county or school district may operate the program and facilities directly or establish <br /> one or more recreation boards to operate all or various parts of them. ... <br /> 471.16 OPERATION OF PROGRAM; LEVY. <br /> Subdivision 1.Includes nonprofits; delegation. <br /> Any city, however organized, or any town, county, school district, or any board thereof, or any <br /> incorporated post of the American Legion or any other incorporated veterans' organization, may operate <br /> such a program independently, or they may cooperate among themselves or with any nonprofit organization <br /> in its conduct and in any manner in which they may mutually agree; or they may delegate the operation of <br /> `--the program to a recreation board created by one or more of them, and appropriate money voted for this <br /> purpose to such board which may in turn support or cooperate with a nonprofit organization. ... <br /> 1 <br />