AG Opinion re Membership 1950 58g-19500928

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MUNICIPALITIES 145 meantime, X's term had expired and he was succeeded by Commissioner V, who allegedly had told A that if his vote in favor of B Company's bid was to be had, he had to be paid. "Several bids were received by the County Board at its February 8, 1949, meeting, including that of B Company. Said County Board voted to purchase the truck of B Company for $6500.00, said truck to be delivered immediately. "The truck was delivered to the County on or about February 15, 1949. However, after careful inspection, it was not as represented, because of several defects making it inoperative. "Since said date the truck has been put in usable condition by B Company, but the County has not paid the purchase price of the truck, nor has the agreed bribe begn paid by A or B Company to any of the Commissioners. °`X, Y, and Z have been convicted of receiving a bribe; however, not the bribe involved in the above recited facts. V has been charged with asking for a bribe, one not involved in the above facts. His case is still pending. X, Y, and Z have allegedly admitted the facts above recited." Question May the county legally pay for the truck in view of M. S. A. 375.09, assuming that the county board wishes to pay for the truck, being of the opinion that it is worth the contract price? Opinion The answer is "no." There is no basis for payment. This contract, in view of M. S. A. 375.09, is void. There is no contract. The county is in possession of a truck which is owned by the B Company. The county board has no authority to authorize the payment. CHARLES E. HOUSTON, Assistant Attorney General. Winona County Attorney. September 17, 1949. 125-A-17 BOARDS AND COMMISSIONS Charter commission — Members — Number — Majority — Amendments to charter — Should be proposed by a charter commission having its full complement of 15 members or a majority of the commission having a full complement of 15 members.