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04-10-2019 Council Packet
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04-10-2019 Council Packet
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RELEVANT LINKS: <br />League of Minnesota Cities Handbook for Minnesota Cities 10/15/2018 <br />Expenditures, Purchasing, and Contracts Chapter 22 | Page 31 <br /> <br /> B. Procedures for making an emergency contract <br />under the Emergency Management Act <br />Minn. Stat. § 12.29. Making a contract under the Emergency Management Act consists of the <br />following steps: <br />Proclamation Declaring a <br />Local Emergency, LMC <br />model form. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Extending the Period of a <br />Local Emergency, LMC <br />model resolution. <br />Making a Local or Special <br />Emergency Contract, LMC <br />model resolution. <br />• The mayor issues a proclamation declaring an emergency. Only the <br />mayor can declare a local emergency. The emergency declaration will <br />not last longer than three days unless continued by the city council. <br />• The declaration of an emergency will invoke the city’s disaster plan. <br />The portions of the plan necessary for response and recovery must be <br />used. The declaration of the emergency also may authorize aid and <br />assistance under the disaster plan. <br />• The council passes a resolution to continue the emergency if it likely <br />will last longer than three days. <br />• The council passes a resolution to make the emergency contract. <br /> C. Towns (and possibly cities) <br />Minn. Stat. § 365.37, subd. <br />4. <br /> <br />A town may enter into a contract without giving notice or using the <br />competitive bidding process if a “special emergency” occurs. A “special <br />emergency” represents a situation that requires immediate action to ensure <br />the health, safety, or welfare of the town. <br /> <br />Minn. Stat. § 415.01. Although this exception would appear to apply only to towns, cities may <br />exercise powers granted to towns in state law. <br />Layne Minn. Co. v. Town of <br />Stuntz, 257 N.W.2d 295 <br />(Minn. 1977). <br />The Minnesota Supreme Court held that a town’s use of this exception to <br />have a well drilled to raise the level of a lake was not justified because a <br />special emergency did not exist. The Supreme Court reasoned that the <br />situation with the lake was no worse than it had been the previous two <br />years and that the health, welfare, and safety of the citizens of the <br />township did not require such immediate action which made it necessary <br />to dispense with bids. <br />Minn. Stat. § 365.37, subd. <br />4. <br /> <br />Declaring a Special <br />Emergency, LMC model <br />resolution. <br /> <br />Making a Local or Special <br />Emergency Contract, LMC <br />model resolution. <br />Under this authority, a city council should pass a resolution declaring a <br />special emergency and describing the reasons necessitating immediate <br />action for protection of the health, safety or welfare of its citizens. The <br />resolution passed to make an emergency contract also should specifically <br />refer to the special emergency.
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