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Page 1 of 3 Sandy Peine From: Tom Ryan [tom@brainerdraceway.com] � Sent: Thursday, December 23, 2010 2:25 PM To: Sandy Peine Subject: RE: Debt Service Payment Sandy, I can accept Statute 412.271, Subdivision 4 as applying to "When a payment of a claim based on a contract cannot be deferred until the next council meeting without loss to the city ..." and its requirement to be endorsed by at least a majority of all the members of the council. Our City policy is inapplicable here as State statute would supersede any City policy. Therefore I would endorse the payment of this claim. I agree that Section 2 of our City policy needs to be changed. It should be removed entirely or modified to apply only to contractual obligations (consistent with State law). Thanks for the clarification. To m Thomas J. Ryan From: Sandy Peine [mailto:speine@pequotlakes-mn.gov] Sent: Thursday, December 23, 2010 1:48 PM To: Tom Ryan Subject: RE: Debt Service Payment � Tom, I was using Section 2— And yes this is a yearly recurring debt service payment, however, for some reason it was not processed in a timely manner and therefore I used the verbiage "and where late fees or penalties cannot be avoided." (Perhaps we need to add an "and/or" to this section). And I am also referring to the statute (Subdivision #4). 2) PER STATUTE 412.271, SUBDIVISION 4— IMMEDIATE PAYMENT OF CLAIMS. IMMEDIATE PAYMENT OF CLAIMS MAY BE MADE FOR CLAIMS THAT ARE NOT REGULAR AND RECURRING AND WHERE LATE FEES OR PENALTIES CANNOT BE AVOIDED WITH THE FOLLOWING CONDITIONS: • THE CLAIM MUST BE ENDORSED BY A MAJORITY OF THE COUNCIL MEMBERS • THE CLAIM MUST BE ADDED TO THE CHECK REGISTER FOR COUNCIL APPROVAL � STATUTE: Subd. 4. Immediate payment of claims. When payment of a claim based on contract cannot be 12/23/2010