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Res 99-007RESOLUTION NO. 99-007 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, the Public Contract code Section 20168 provides that in an emergency 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, the roofing structure and drop ceiling tiles located in the Bill Bond Hall of the Weingart Senior Center have sustained extensive damage resulting in imminent danger to the public and causing the City's Building Division Services Manager to restrict public use of the facility until the sustained damage is repaired; and WHEREAS, the Bill Bond Hall is used extensively by Poway senior citizens for luncheons, classes, and social and fund-raising activities, the latter for the support of at least one-third of its senior programs; and WHEREAS, such dangerous condition and inability to use the Hall constitutes an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires 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 this public facility. NOW, THEREFORE, BE IT RESOLVED THAT: 1. 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 structural roof and ceiling tile damage in the Bill Bond Hall of the Weingart Senior Center, a public facility; and (b) The continuing threat of further structural damage requires that the City be able to expend public money to repair the aforesaid damages and in order to protect seniors who would use the damaged Halt for their many activities or in order to safeguard life, health or property; and (c) RESOLUTION NO.99-007 Page 2 The City Manager is authorized to order work for the repair or protection of public facilities damaged or threatened by further damages to the extent necessary to safeguard life, health, or property without complying with notice or bidding procedures; and (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. ATTEST: '~JdAnn~'Peoples, ~ity ~Cle~k PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California at a regular meeting there~~y 1999.; Robert C. Emery, Do~ STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 99-007 was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of February, 1999, and that it was so adopted by the following votes: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA L~rl Anne Peoples, City ~Clerk City of Poway