08-0520_BOUDREAU PIPELINE CONSTRUCTION_Reso No. 05-05-20-01 RESOLUTION NO. 08-05-20-0 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
WAIVE THE FORMAL BIDDING PROCESS AS AN EMERGENCY
CONDITION, DECLARING THE NECESSITY THEREOF, AND
AUTHORIZING STAFF TO PROCEED WITH EMERGENCY
REPLACEMENT OF TRUNK SEWER PIPE LOCATED ALONG THE
CITY'S EASTERLY PROPERY LINE,
WHEREAS, Sections 20168 and 22050 of the Public Contracts Code provide
that upon adoption by the City Council by a four-fifths vote of a resolution declaring that
the public interest and necessity demand the immediate expenditure of public funds to
safeguard life, health, or property in order to proceed with emergency work without
notice for bids to let a contract for such emergency work; and,
WHEREAS, the staff report accompanying this Resolution sets forth the facts
supporting a finding that an. emergency exists relating to the condition of the City's
sewer system requiring the replacement of existing trunk sewer line located adjacent to
the City's easterly property line and that the public interest and necessity demand the
immediate expenditure of funds to construct the necessary sewer to prevent sewer
overflows and safeguard life, health or property; and
WHEREAS, Section 22050 also provides that the resolution may delegate to the
City Manager, the authority to order any action required by the emergency and to
procure the necessary equipment, services, and supplies for those purposes, without
giving notice for bids to let the contracts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS
FOLLOWS:
1. That the public interest and necessity demand the immediate expenditure of
public funds to safeguard life, health, or property in order to proceed with
emergency work for the replacement of existing trunk sewer line located adjacent
to the City's easterly property line.
2. That the emergency will not permit a delay that would result from a competitive
solicitation for bids and that action is necessary to respond to the emergency
related to the conditions of the sewer system requiring the replacement of the
existing sewer pipe.
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3. That the City Manager is hereby authorized to order any action required to
remedy the emergency relating to the condition of the sewer system and
replacement of the sewer pipe and to procure the necessary equipment,
services, and supplies for those purposes, without giving notice for bids to let
contracts.
PASSED, APPROVED, and ADOPTED this 20`h y o ay, 2008.
e e
JOE OTO, MAYOR
ATTEST: ( `
MMR FRET R. MONAHAN, CITY CLERK
i
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,do hereby
certify that the foregoing Resolution No.08-05-20-01 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 20th day of May 2008, by the
following vote:
AYES: COUNCIL MEMBERS: Allevato, Nielsen, Hribar, Uso and Mayor Soto
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
MARGARET R. MONAHAN, City Clerk
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