PURCHASE AND SALE OF MOTOR FUEL BY THE CITY

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members of the city council and .containing a dec- laration of the facts constituting such urgency." This provision, with its stress on "urgency" is obviously intended to cover the emergency situation in which the bidding procedure would require too much time before the necessary action could be taken. This is not precisely the situation at hand. However, there is an additional exception to competitive bidding requirements which is implied by law and which applies even if the city's charter expresses only the emergency-type exception. This is stated in Los Angeles Dredging Co. v City of Long Beach (Supreme Ct, 1930) 291 P 839 as follows: "It has been held that where competitive proposals work an incongruity and are unavailing as affecting the final result, or where they do not produce any advantage... or it is practically impossible to obtain what is required and observe such forms, a statute requiring competitive bidding does not apply. Our courts have approved this doctrine." This implied exception has been reaffirmed in several later cases, and it would appear that the present case would fall squarely within the scope of the quoted language. However, it _ must be noted that all the cases upholding this doctrine are distinguishable on their facts, in that they all involve situations in which there was only one possible bidder on the contract. Los Angeles Dredging, supra; Hodgeman v City of San Diego (Ct. of App, 1942) 128 P2d 412; Kennedy v Ross (Supreme Ct, 1946) 170 P2d 904; Orange County Water District v Bennett (Ct. of App., 1958) 320 P2d 536; Hiller v City of Los Angeles (Ct. of App, 1961) 17 Cal Rptr. 579; Bisho v City of San Jose (Ct. of App., 1969) 76 Cal Rptr 308; County of Rivdrside v Whitlock (Ct. of App., 1972) 99 Cal Rptr 710. '' It may also be noted that the same restrictions laid down 'in Charter section 421 for a resolution authorizing contracts on an emergency basis must also be followed where the authori- ation is based on the implied exception. Los Angeles Dredging_, supra at pp. 842-843. Thus the resolution must be passed by two-thirds vote and must contain a recital of the facts justi- fying the lack of competitive bidding. . In the present case, if the circumstances facing the City are such that the City cannot in fact obtain motor fuel through its bidding procedure, then the City Council may validly authorize the letting of a contract without competitive bidding. Appropriate recitals, declaring the necessity, the urgency, and the impossibility of using the bidding process must be included in the Council's resolution. "Such a declaration, though not conclusive, is prima facie evidence of the existence of an emergency; and places the burden on the party attacking the 81