Section 471.89 Contract, When Void - Minnesota Statutes

471.89 CONTRACT, WHEN VOID.

Subdivision 1.Procedure followed.

A contract made pursuant to section 471.88, subdivision 5, is void unless the procedure prescribed by subdivisions 2 and 3 is followed.

Subd. 2.Resolution by governing body.

Except in an emergency making such procedure impracticable, the governing body of the governmental unit shall authorize the contract in advance of its performance by adopting a resolution setting out the essential facts and determining that the contract price is as low as or lower than the price at which the commodity or services could be obtained elsewhere. In case of an emergency when the contract cannot be authorized in advance, payment of the claims shall be authorized by a like resolution in which the facts of the emergency are also stated.

Subd. 3.Claims, affidavits filed.

Before such a claim is paid, the interested officer shall file with the clerk of the governing body an affidavit stating:

(a) the name of the officer and the office held by the officer;

(b) an itemization of the commodity or services furnished;

(c) the contract price;

(d) the reasonable value;

(e) the interest of the officer in the contract; and

(f) that to the best of the officer's knowledge and belief the contract price is as low as, or lower than, the price at which the commodity or services could be obtained from other sources.

History:

1951 c 379 s 3; 1965 c 45 s 64-66; 1967 c 125 s 1,2; 1978 c 651 s 2,3; 1986 c 444