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5.12. SR 12-19-1994
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5.12. SR 12-19-1994
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12/19/1994
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<br />. <br /> <br />. <br /> <br /> <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 /> <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. II 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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 />EDA if the Commissioner discloses the nature of the <br />loans or trust services of which the Commissioner has <br />personal knowledge, which disclosure shall be entered <br />into the minutes of the EDA. <br /> <br />2. <br />
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