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2016-02-10 CC Packet
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2016-02-10 CC Packet
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STATE OF MINNESOTA <br /> OFFICE OF THE ATTORNEY GENERAL GovE�tNaterrsERVtcEs same. <br /> 53 PARK STREET <br /> :WTiE= <br /> 3UBERT H.HUMPHREY III June 27, 1997 ST.PAtn.M 55101-1106 <br /> ArfOLNEY GENEtAL TELEPHONE:i61.1:97.:pW <br /> Hans B. Borstad <br /> Staples City Attorney <br /> 208 North Fourth Street <br /> Staples,MN 56479 <br /> Re: Staples Chamber of Commerce Membership <br /> Dear Mr.Borstad: <br /> I am in receipt of your letter asking whether the City of Staples is authorized to pay <br /> membership dues to the Staples Chamber of Commerce. After reviewing prior opinions of the <br /> Attorney General on this issue as well as the relevant Minnesota statutes,it is my opinion that, <br /> while the City of Staples would be authorized by statute to appropriate up to$50,000 annually to <br /> the Staples Chamber of Commerce in certain circumstances,the City would not be permitted to <br /> contribute this money in the form of membership dues absent specific authority to do so in the <br /> City Charter. <br /> It is well settled in this state that a municipal corporation has only such powers as are <br /> expressly conferred upon it by statute or its charter,or necessarily implied therefrom. It has no <br /> inherent power. Borgelt v. City of Minneapolis,271 Minn.249, 135 N.W.2d 438 (1965);;gig <br /> generally 13A Dunnell,Minn.Digest 2d Municipal Corporations § 3.01a(3rd Ed. 1981). This <br /> longstanding principle was relied upon by our office in Op. Atty. Gen.63-b-1,May 11, 1944, <br /> which concluded that the City of New Ulm,a home rule charter city,was without authority, <br /> under state law or local charter provision,to subscribe and pay for one or more memberships in a <br /> civic and commerce association which was a reorganization of a businessmen's association. <br /> Similarily,in Op.Atty.Gen.218r,February 24, 1949(1950 Attorney General Report No. 103), <br /> we concluded that the Village of Buffalo(now a statutory city)could not join or pay dues to a <br /> local chamber of commerce since no such power was conferred upon it by statute. In connection <br /> with this issue, your letter refers to three statutes-as potential sources of authorization to take the <br /> action you describe. <br /> Minn. Stat. §469.189(1944),authorizes the governing body of certain cities to <br /> appropriate money to advertise the municipality, its resources and advantages. This Office has <br /> taken the position that there is a distinction between statutory authorization to appropriate and <br /> use money for a purpose,and authorization to contribute money to a body generally committed <br /> to advancing a purpose. 9=,L&,Op. Atty.Gen. 59a3,January 15, 1959,wherein we <br /> determindd that statutory authority for a city to"appropriate money'' for purposes of historical <br /> preservation and observances permitted the city to contract with the county historical society for <br /> specific services,but not to donate funds to the society to expend in its own discretion. For the <br /> Facsimile:(6121297-1235•TTY:(612)282-2525•Tull Free Lines:(ROO)657-178",(Voicea,9000 366•a912(TTYt <br /> An Equal Ommunuy Employer Who Values Diversity j Printed an!0%recycled parer i 15r1-peel con.umer:nnter.: <br /> 39 <br />
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