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Rules & Procedures 01-30-1995
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Rules & Procedures 01-30-1995
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authorized to take part in the making of contracts . In Elk <br /> River, this would include members of the City Council, the EDA, <br /> the HRA and Elk River Municipal Utilities, because each of these • <br /> bodies is authorized to enter into contracts . The statute <br /> prohibits these persons from being paid employees of the City, <br /> entering into any contract with the City, holding stock in a <br /> corporation which enters into a contract with the City, or being <br /> a subcontractor under a contract with the City. <br /> In addition to Minnesota Statutes Section 471 . 87, the City <br /> Council Members are also subject to Minnesota Statutes Section <br /> 412 . 311, which provides that, "no member of a City Council shall <br /> be directly or indirectly interested in any contract made by the <br /> Council . " This provision is somewhat broader than that in <br /> Section 471 . 87, and requires that City Council Members be <br /> particularly circumspect about conflict of interest situations <br /> regarding contracts . <br /> Minnesota Statutes Section 471 . 88 sets forth some exceptions to <br /> Section 471 . 87, and authorizes the City Council , by unanimous <br /> vote, to contract for goods or services with one of its <br /> interested officials under certain circumstances, including: <br /> 1 . The designation of a bank or savings association as an <br /> authorized depository for public funds and as a source <br /> of borrowing. However, the official who has an interest <br /> in the bank or savings association must disclose that <br /> interest when the bank or savings association is first • <br /> designated, or when the official is elected, and that <br /> disclosure must be entered in the minutes of the City <br /> Council . <br /> 2 . The designation of an official newspaper or the <br /> publication of official matters in the newspaper, when <br /> the newspaper is the only one complying with statutory <br /> requirements for designating the official newspaper. <br /> 3 . A contract with a cooperative association of which the <br /> official is a shareholder or stockholder but not an <br /> officer or director. <br /> 4 . A contract for which competitive bids are not required. <br /> The League of Cities has interpreted this provision as <br /> meaning a contract under the competitive bidding <br /> threshold of Minnesota Statutes Section 471 . 345 <br /> ($25, 000) . <br /> 5 . A contract with a Volunteer Fire Department for the <br /> payment of compensation to its members or for the <br /> payment of retirement benefits to members . <br /> 6 . When an EDA Commissioner is employed by a bank engaged <br /> in making loans or performing trust services involving <br /> real or personal property affected by any plan of the • <br /> 2 . <br />
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