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