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Rules & Procedures 01-30-1995
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Rules & Procedures 01-30-1995
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471.89. Contract, when void <br /> Subdivision 1. Procedure followed. A contract made pursuant to section <br /> 471.88, subdivision 5, is void unless the procedure prescribed by subdivisions 2 • <br /> and 3 is followed. <br /> Subd. 2. Resolution by governing body. Except in an emergency making <br /> such procedure impracticable, the governing body of the governmental unit <br /> shall authorize the contract in advance of its performance by adopting a <br /> resolution setting out the essential facts and determining that the contract price <br /> is as low as or lower than the price at which the commodity or services could <br /> be obtained elsewhere. In case of an emergency when the contract cannot be <br /> authorized in advance, payment of the claims shall be authorized by a like <br /> resolution in which the facts of the emergency are also stated. <br /> Subd. 3. Claims, affidavits filed. Before such a claim is paid, the interest- <br /> ed officer shall file with the clerk of the governing body an affidavit stating: <br /> (a) The name of the officer and the office held by the officer; <br /> (b) An itemization of the commodity or services furnished; <br /> (c) The contract price; <br /> (d) The reasonable value; <br /> (e) The interest of the officer in the contract; and <br /> (f) That to the best of the officer's knowledge and belief the contract price is <br /> as low as, or lower than, the price at which the commodity or services could be <br /> obtained from other sources. <br /> Laws 1951, c. 379, § 3. Amended by Laws 1965, c. 45, §§ 64 to 66, eff. Feb. 28, 1965; <br /> Laws 1967, c. 125, §§ 1, 2; Laws 1978, c. 651, §§ 2, 3, eff. March 29, 1978; Laws 1986, <br /> c. 444. <br /> • <br /> • <br />
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