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Mr. Christopher K. Miller <br />April 13,2005 <br />Page 2 of2 <br />Cities Operatin�. Under A City Mana�er Form of Government <br />In statutory cities operating with a city manager, it can be generally stated that the manager <br />handles the day to day affairs of the city. See Minn. Stat. � 412.651. The city council exercises <br />the legislative power of the city and determines all matters of policy. See Minn. Stat. � 412.616. <br />Minnesota Statute � 412.691 grants the city manager the authority to make contracts for a city. <br />That statute states "[a]11 purchases for the city and all contracts shall be made or let by the manager <br />when the amount of the purchase or contract does not exceed $20,000 unless a lower amount is <br />provided by the city council..." We believe that the use of both the terms "purchase" and <br />"contract" would and does include a sale of personal property. It is our opinion that � 412.691 <br />gives a city manager the authority to sell personal property of a city without city council approval <br />when the amount of the sale is less than $20,000, unless a city council has provided for a lower <br />contracting amount limit. <br />�' it}� of Roseville Ordinances <br />The City of Roseville provides for a lower contracting amount than Minn. Stat. � 412.691 <br />in section 103.05 of the City Code. That ordinance provides that "[a�ll purchases for the city and <br />all contracts shall be made or let by the manager when the amount of the purchase or contract <br />does not exceed five thousand dollars ($5,000.00). .. The language of this ordinance is virtually <br />identical to the language of Minn. Stat. §412.69 �. Accordingly, we believe that it is appropriate <br />that this ordinance be interpreted to mean that the City Manager has authority to sell City property <br />without the necessity of prior City Council approval when the amount of the sale is $5,000 or less. <br />Conclusion <br />State law and the Roseville City Code do not require City Council approval for the sale of <br />surplus property when the sale price is $5,000 or less. Sales of greater than $5,000 must be <br />authorized by the City Council. <br />We believe this fully answers the questions put to us. If you have any further questions or <br />concerns aboutthis matter, feel free to contactthe undersigned. <br />Very truly yours, <br />Scott T. Anderson <br />cc: Mr. Neal Beets, City of Roseville <br />RRM 753021sid <br />