7-6-4252. Procedure to make expenditures and incur liabilities in case of other emergencies. (1) In a public emergency other than those described in 7-6-4251 and which could not reasonably have been foreseen at the time of making the budget, the council, by unanimous vote of the members present at any meeting (the time and place of which all of the members shall have had reasonable notice), shall adopt and enter upon their minutes a resolution stating the facts constituting the emergency, the estimated amount of money required to meet the emergency, and the fund against which emergency warrants shall be drawn.
(2) The council shall publish the resolution, together with a notice that a public hearing will be held on the resolution at the time and place designated in the notice, once in the official newspaper of the municipality and, if there is none, then in a newspaper of general circulation in the county in which the municipality is situated. The hearing may not be less than 1 week after the date of publication.
(3) Any taxpayer or resident of the municipality may appear at the hearing and be heard for or against the expenditure of money for the alleged emergency.
(4) (a) Upon the conclusion of the hearing, if the council approves the emergency expenditure, it shall make and enter upon its official minutes, by unanimous vote of all of the members of the council present at the meeting, an order setting forth the facts constituting the emergency, together with the amount of expenditure authorized therefor by them and the fund against which emergency warrants shall be drawn. Subject to the limitations of subsection (4)(b), the order is lawful authorization for them to expend such amount, but no more, for such purpose.
(b) No expenditure may be made or liability incurred pursuant to the order until 5 days, exclusive of the day of entry of the order, elapse.
History: En. Sec. 8, Ch. 121, L. 1931; re-en. Sec. 5083.8, R.C.M. 1935; amd. Sec. 2, Ch. 53, L. 1943; R.C.M. 1947, 11-1409(part); amd. Sec. 32, Ch. 252, L. 1979.
