AN EMERGENCY CAN BE DECLARED AND INCLUDES TWO REQUIREMENTS WHEN IT STATES:
"EMERGENCY AS USED IN THIS SECTION SHALL BE LIMITED TO CONDITIONS RESULTING FROM A SUDDEN UNEXPECTED HAPPENING OR UNFORESEEN OCCURRENCE OR CONDITION AND SITUATION WHEREIN THE PUBLIC HEALTH OR SAFETY IS ENDANGERED." (EMPHASIS ADDED.)
OBVIOUSLY, FOR ANY PUBLIC AGENCY TO CONSIDER USE OF 61 O.S. 130, THE FACTUAL CIRCUMSTANCES WOULD HAVE TO MEET THE LEGAL DEFINITION OF EMERGENCY UNDER THIS STATUTE.
THEREFORE, IT IS MY OPINION THAT THE LANGUAGE OF THE STATUTE IS UNAMBIGUOUS AS TO THE APPLICABILITY OF THE DOLLAR LIMITS ON CONTRACTS UNDER EMERGENCIES PURSUANT TO 61 O.S. 130 , IN THAT THE DOLLAR LIMITS IMPOSED BY THE STATUTE ONLY APPLY WHERE THE AUTHORITY TO DECLARE AN EMERGENCY IS DELEGATED BY THE GOVERNING BODY TO THE CHIEF ADMINISTRATIVE OFFICER OF THE AGENCY. WHERE THE MEMBERS OF THE GOVERNING BODY VOTE TO DECLARE AN EMERGENCY, 61 O.S. 130 DOES NOT IMPOSE A MAXIMUM DOLLAR LIMITATION ON CONTRACTS NOT SUBJECT TO NOTICE AND BIDDING REQUIREMENTS.
(GLEN D. HAMMONS)