JOINT BROWN, CLARK, DAY & SPINK COUNTY COMMISSION PROCEEDINGS
JULY 7, 2009 - CONDE, SOUTH DAKOTA
A joint session of the Brown County Commission, Clark County Commission, Day
County Commission and Spink County Commission was held at 2:00 PM, Tuesday,
July 7, 2009 at the Community Center in Conde, SD. Present from Brown
County were Commissioners Tom Fischbach, Nancy Hansen and Duane Sutton; from
Clark County were Commissioners Eugene Furness, Francis Hass, Clara Luvaas,
Richard Reints and Jerry Wicks; from Day County were Commissioners Marvin
Bury, Chuck Hesla, Richard Tobin and Mark Wattier; from Spink County were
Commissioners Dave Albrecht, Jeff Albrecht, Brian Johnson, Craig Johnson and
Gerald Zerbel. Spink County Commission Chairman Dave Albrecht opened the
meeting with the Pledge of Allegiance.
Also present was a delegation of interested parties, list of which is on
file in the offices of the Brown, Clark, Day and Spink County Auditors.
On motion by Brown County Commissioner Sutton and seconded by Spink County
Commissioner C. Johnson the agenda was adopted. All Commissioners present
voted aye. Motion carried.
Commissioner D. Albrecht called for testimony in favor of the petition. Lynn
Sanderson, Conde, distributed and explained data supporting the
establishment of a Conde Rural Fire Protection District.
Commissioner D. Albrecht called for testimony against the petition and there
was none.
On motion by Commissioner Sutton and seconded by Commissioner Hanson, both
Brown County, to amend the proposed boundaries to include Section
36-T121-R60W Bates Township. Upon roll call vote: Fischbach-aye, Hansen-aye
and Sutton-aye, motion passed.
On motion by Commissioner Luvaas and seconded by Commissioner Furness, Clark
County Commissioners voted Furness-aye, Hass-nay, Luvaas-aye, Reints-aye and
Wicks-aye to adopt Order Establishing Conde Rural Fire Protection District.
On motion by Commissioner Wattier and seconded by Commissioner Tobin the Day
County Commission unanimously voted to adopt Order Establishing Conde Rural
Fire Protection District.
On motion by Commissioner J. Albrecht and seconded by Commissioner Zerbel
the Spink County Commission unanimously voted to adopt the Order
Establishing Conde Rural Fire Protection District.
On motion by Commissioner Sutton and seconded by Commissioner Hanson the
Brown County Commission unanimously voted to adopt Brown County Resolution
#40-09 - Order Establishing Conde Rural Fire Protection District, as
follows, Commissioners Hansen-aye, Sutton-aye, Fischbach-aye. Resolution
adopted.
ORDER ESTABLISHING CONDE RURAL FIRE PROTECTION DISTRICT
WHEREAS, the Board of County Commissioners of Brown County, Clark County,
Day County and Spink County, South Dakota, jointly acting upon Notice of
Hearing on Petitions for the formation of the proposed Conde Rural Fire
Protection District, having been given by the County Auditor of Brown
County, South Dakota under date of May 29, 2009, having been given by the
County Auditor of Clark County under date of May 26, 2009, having been given
by the County Auditor of Day County under date of May 26, 2009 and having
been given by the County Auditor of Spink County under date of May 13, 2009,
and pursuant to the Certificate of the County Auditors of Brown, Clark, Day
and Spink Counties, South Dakota on file in the office of the respective
County Auditor, reference to which Notice of Hearing and Certificate is
hereby made and incorporated herein by this reference, and
WHEREAS the Board of County Commissioners of Brown, Clark, Day and Spink
Counties, South Dakota, at a joint meeting this 7th day of July, 2009 at
2:00 PM, in the City of Conde, Spink County, South Dakota, having met, and
all persons residing in or owning taxable property within the proposed
district having had a opportunity to be heard respecting the formation of
said District or the location of the boundaries thereof, and
WHEREAS the Board of County Commissioners of Brown County, Clark County, Day
County and Spink County, South Dakota have determined that the proposed
Conde Rural Fire Protection District is suited to having determined that the
boundaries of the proposed district, as suggested in the Petition now on
file herein in this matter, reference to which is hereby made and
incorporated herein by this preference, and having been otherwise fully
advised in the premises, and good cause having been shown and now appearing,
NOW, THEREFORE, it is hereby ordered by the Board of County Commissioners of
Brown County, South Dakota, the Board of County Commissioners of Clark
County, South Dakota, the Board of County Commissioners of Day County, South
Dakota and the Board of County Commissioners of Spink County, South Dakota
that the proposed Conde Rural Fire Protection District is suited to the
general fire protection and rescue policies of Brown County, Clark County,
Day County and Spink County, South Dakota, as a whole, and that the
boundaries of said Conde Rural Protection District be, and they are,
determined and established as embracing and including all or a portion of
the area and real properties within the boundaries of Conde Township
including the City of Conde, Benton Township, Beotia Township and Olean
Township, all in Spink County; Oak Gulch Township, Day County; Warren
Township, Clark County; Bates Township and the City of Verdon, Brown County,
and all plats and subdivisions within said area, such area covering 252
square miles, specifically described as:
In Conde Township: Sections 1 - 36, Township 120N, Range 60, West of the 5th
P.M., Spink County, South Dakota including the City of Conde;
In Benton Township: Sections 1 - 36, Township 119N, Range 61, West of the
5th P.M., Spink County, South Dakota;
In Beotia Township: Sections 1 – 36, Township 120N, Range 61 West of the 5th
P.M., Spink County, South Dakota;
In Olean Township: Sections 1 – 36, Township 124N, Range 61, West of the 5th
P.M., Spink County, South Dakota;
In Oak Gulch Township: Sections 1 – 36, Township 120N, Range 59, West of the
5th P.M., Day County, South Dakota;
In Warren Township: Section 1 – 36, Township 119N, Range 59, West of the 5th
P.M., Clark County, South Dakota;
In Bates Township: Sections 1 – 36, Township 121N, Range 60, West of the 5th
P.M., Brown County, South Dakota;
City of Verdon, Brown County, South Dakota.
and that the said Conde Rural Fire Protection District be, and the same
hereby is, established as aforesaid, pursuant to SDCL 34-31A.
That the County Auditors are hereby directed to designate a time and place
for an election, pursuant to law to determine if the organization of the
Conde Rural Fire Protection shall be completed.
That an original of this Order shall be entered into the books and minutes
of Brown County, Clark County, Day County and Spink County, South Dakota.
Dated this 7th day of July 2009 at Conde, Spink County, South Dakota.
Tom Fischbach, Brown County Board of Commissioners
Richard Reints, Clark County Board of Commissioners
Charles D. Hesla Jr., Day County Board of Commissioners
Dave Albrecht, Spink County Board of Commissioners
ATTEST:
Maxine Taylor, Brown County Auditor
Nancy Worth, Clark County Auditor
Sandra Raap, Day County Auditor
Cindy Schultz, Spink County Auditor
On motion by Commissioner Sutton and seconded by J. Albrecht the joint
meeting was adjourned at 3:00 PM. All members present voted aye. Motion
carried.
Maxine Taylor, Brown County Auditor
Published once at the total approximate cost of $69.64.