Res 98-011RESOLUTION NO.
98-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
FINDING AND DECLARING THE EXISTENCE OF AN
EMERGENCY WITHIN THE CITY AND
SUSPENDING NOTICE AND BIDDING REQUIREMENTS
IN CONNECTION WITH REPAIRS REQUIRED THEREBY
WHEREAS, Public Contract Code Section 20168 provides that the City Council
may pass by four-fifths (4/5) vote a resolution declaring that the public interest and
necessity demand the immediate expenditure of public money to safeguard life, health, or
property; and
WHEREAS, upon adoption of such resolution, the City Manager may expend any
sum required in the emergency and report the same to the City Council in accordance with
Public Contract Code Section 22050; and
WHEREAS, if such expenditure is ordered, the City Council shall review the
emergency action every 14 days to determine if there is a need to continue the action or if
the declaration of emergency may be terminated; and
WHEREAS, recent storms have resulted in flooding and damage to public roads,
drainage systems, and other public facilities within the City which worsen with each
successive storm and threaten the public health and safety; and
WHEREAS, such flooding and damage constitute an emergency within the terms of
Public Contract Code Sections 20168 and 22050 which requires that the City Manager be
able to act quickly and without complying with the notice and bidding procedures of the
Public Contract Code to repair and protect such public facilities.
NOW, THEREFORE, BE IT RESOLVED THAT:
Pursuant to Public Contract Code Section 20168, the City Council finds and
declares that:
(a)
An emergency exists within the City as the result of storm damage to
public facilities; and
(b)
The continuing threat of additional flooding requires that the City be
able to expend public money to repair and protect flood-damaged or
threatened public facilities in order to safeguard life, health, or
property; and
(c)
The City Manager is authorized to order work for the temporary repair
or protection of public facilities damaged or threatened by such
flooding if and to the extent necessary to safeguard life, health, or
property without complying with notice or bidding procedures; and
Resolution No. 98-011
Page 2
(d)
Once such an expenditure is made, the City Manager shall report the
conditions to the City Council every 14 days at which time the City
Council, by minute order, shall either continue the emergency action
or shall declare the emergency ended.
This declaration of emergency and all subsequent declarations in connection
herewith shall require a four-fifths (4/5) vote of the City Council.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California at a regular meeting thereof, this 10th day of February, 1998.
Don Higginson, Mayor
ATTEST:
Marjorie~(. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. q R-0 ~ ] was duly adopted by
the City Council at a meeting of said City Council held on the 10th day of February, 1998,
and that it was so adopted by the following votes:
AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie K. Wahlsten, City Clerk
City of ~_.way
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