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Agenda - Council - 04/22/2008
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Agenda - Council - 04/22/2008
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Meetings
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Council
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04/22/2008
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381 N.W.2d 842 <br />381 N.W.2d 842 <br />(Cite as: 381 N.W.2d 842) <br />Supreme Court of Minnesota. <br />HUBBARD BROADCASTING, INC., d.b.a. <br />KSTP -TV, KSTP -AM, Inc., and KSTP -FM, Inc., <br />Respondents, <br />v. <br />METROPOLITAN SPORTS FACILITIES <br />COMMISSION, a public body, American Sign and <br />Indicator Corporation and Twin City Federal <br />Savings & Loan Association, et al., Appellants. <br />No C3 -85 -1517. <br />Questions answered. <br />Feb. 14, 1986. <br />Two questions were certified to the Supreme Court <br />by the United States Court of Appeals for the <br />Eighth Circuit, Theodore McMillian, J., respecting <br />whether a scoreboard system agreement for the <br />Metrodome was subject to public bidding <br />requirements or constituted an unlawful delegation <br />of authority by the Metropolitan Sports Facilities <br />Commission. The Supreme Court, Scott, J., held <br />that: (1) scoreboard system agreement whereby <br />manufacturer, in return for supplying a scoreboard <br />system for the Metrodome, was given right to sell <br />or lease advertising on scoreboard to advertisers on <br />an exclusive basis for each product category was <br />not a contract for "materials, supplies or equipment" <br />and, hence, was not a contract as to which public <br />bidding procedures were required to be followed by <br />the Commission, and (2) authority granted the <br />Commission by statute to sell or to lease advertising <br />in the Metrodome was not unlawfully delegated <br />when the Commission entered into a scoreboard <br />system agreement which allowed the manufacturer <br />to negotiate exclusive advertising agreements with <br />individual advertisers, but retained ultimate control <br />over the advertisement appearing on the scoreboard <br />as well as the right to reject any advertisement <br />before it was displayed. <br />West Headnotes <br />[1] Municipal Corporations 268 €236 <br />268 Municipal Corporations <br />268VII Contracts in General <br />268k234 Proposals or Bids <br />268k236 k. Contracts to Be Submitted to <br />Competition. Most Cited Cases <br />Public bidding procedures set by statute [M.S.A. § <br />471.345] are procedures which the Metropolitan <br />Sports Facilities Commission must follow [M.S.A. § <br />473.556, subd. 7] only in instances of executing <br />contracts for materials, supplies or equipment for <br />the Metrodome. <br />© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. <br />[2] Municipal Corporations 268 X236 <br />268 Municipal Corporations <br />268VII Contracts in General <br />268k234 Proposals or Bids <br />268k236 k. Contracts to Be Submitted to <br />Competition. Most Cited Cases <br />Scoreboard system agreement whereby <br />manufacturer, in return for supplying a scoreboard <br />system for the Metrodome, was given right to sell <br />or lease advertising on scoreboard to advertisers on <br />an exclusive basis for each product category was <br />not a contract for "materials, supplies or equipment" <br />[M.S.A. § 473.556, subd. 7] and, hence, was not a <br />contract as to which public bidding procedures [ <br />M.S.A. § 471.345] were required to be followed by <br />the Metropolitan Sports Facilities Commission. <br />[3] Municipal Corporations 268 X226 <br />268 Municipal Corporations <br />268VII Contracts in General <br />268k226 k. Capacity to Contract in General. <br />Most Cited Cases <br />Authority granted the Metropolitan Sports Facilities <br />Commission by statute [M.S.A. § 473.556, subd. 5] <br />to equip, improve, operate, manage, maintain, and <br />control the metropolitan sports area and sports <br />- 1 PP ... 9/27/2006 <br />
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