CC RESOLUTION 4742RESOLUTION NO. 4742
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. The sewer main at the public bathrooms were plugged numerous time
since August 15, 2011. A breakage in the plumbing system was
discovered on September 20, 2011 that resulted in closure of the public
bathrooms and the restaurant at the Lakes Golf Course. On September
21, 2011, City Manager declared an administrative state of emergency
and authorized staff to repair the broken pipelines using emergency
procedures. The repairs are to be completed by October 20, 2011.
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 PCC § 20168.
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.
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and welfare including, without limitation, awarding contracts in accordance with PCC §
22050.
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 18th day of October, 2011.
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Eric Busch, Mayor
ATTEST:
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Cindy Mort en, City Cler
APPROVED AS TO FORM:
Karl H. Berger, Assistant City Attorney
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