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CC RESOLUTION 4495RESOLUTION NO. 4495 A RESOLUTION ADOPTED PURSUANT TO PUBLIC CONTRACTS CODE § 20168 FINDING THAT AN EMERGENCY EXISTS WITHIN THE CITY AND AUTHORIZING CONTRACTING WITHOUT THE NEED FOR BIDDING PURSUANT TO § 22050. The City Council does resolve as follows SECTION 1 The City Council finds and declares as follows A Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may, upon a four -fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency B In accordance with PCC §§ 20168 and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts C On November 6, 2006, a breakage of an 8 -inch water pipeline occurred at the intersection of Alaska Avenue and Hawaii street causing flooding, extensive pavement damage and closure of Alaska Avenue and Hawaii Street in the vicinity of the intersection D In compliance with applicable law, and to protect public, health, safety and welfare, the City took immediate emergency action to repair the broken water pipeline and street pavement in accordance with El Segundo Municipal Code ( "ESMC)§ 1 -7 -12 E The broken water pipeline and consequent flooding constituted a sudden, unexpected occurrence that posed a clear and imminent danger to the City property, its citizens, and employees This threat required immediate action to prevent or mitigate the loss or impairment of essential public services. F Under such emergency conditions, the City Council finds that the delay resulting from public bidding would imperil essential public services SECTION 2 In light of the emergency described above, the City Council directs the City Manager, or designee, to take all steps necessary to protect public health, safety and welfare including, without limitation, awarding contracts in accordance with PCC § 22050 1 SECTION 3- This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution PASSED AND ADOPTED this 21st d, APPROVED Mark D Hen By � er, Ka 'H rger, Assis ht City Attorney i CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO 4495 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 21st day of November, 2006, and the same was so passed and adopted by the following vote AYES McDowell, Busch, Boulgarides, Jacobson NOES None ABSENT Fisher ABSTENTION: None NOT PARTICIPATING None WITNESS My HAND THE OFFICIAL SEAL OF SAID CITY this 21st day of November, 2006 Cindy Mortesen, City Clerk Of the City of El Segundo, California K