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County attorney cites statutory emergency exceptions to justify immediate roads repairs
Summary
Willacy County's legal counsel reviewed statutory authority and attorney-general opinions supporting an emergency procurement exemption, arguing competitive bidding would cause harmful delay and that immediate repairs protect public health and safety.
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The county attorney presented a legal memorandum laying out the legal basis for an emergency procurement exemption under state procurement law and related attorney-general opinions.
She told the court the packet includes factual background, applicable law and analysis and concluded "the short answer is yes" as to whether an emergency procurement exception could be used for roadway repairs caused by the pipeline project. Counsel cited the County Purchasing Act's emergency exception and analogous provisions in the Local Government Code, saying the exception applies when delay would increase danger to the public and when conditions threaten life, safety or essential services.
Counsel recommended narrowly tailoring any emergency procurements to immediate hazards, documenting the company's acceptance of responsibility and maintaining records of invoices and oversight.
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