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.)
SECTION 130 ALSO REQUIRES THAT THE REASONS FOR DECLARING AN EMERGENCY AND NOT COMPLYING WITH THE PUBLIC COMPETITIVE BIDDING ACT SHALL BE ENTERED INTO THE OFFICIAL MINUTES OF THE GOVERNING BODY OF THE PUBLIC AGENCY.
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. 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, SECTION 130 DOES NOT IMPOSE A DOLLAR LIMIT ON CONTRACTS NOT SUBJECT TO NOTICE AND BIDDING REQUIREMENTS.
WHETHER THE DISASTER AND ATTENDANT MASSIVE DAMAGES INFLICTED UPON THE OOLOGAH-TALALA PUBLIC SCHOOLS PROPERTY CONSTITUTE AN EMERGENCY CONTEMPLATED BY SECTION 130 IS A QUESTION OF FACT TO BE DETERMINED BY THE LOCAL SCHOOL BOARD, OF COURSE.
(GLEN D. HAMMONDS)