HomeMy WebLinkAboutResolution 2003-078 RESOLUTION NO. 2003-078
RESOLUTION RATIFYING USE OF EMERGENCY CONTRACTING
PROCEDURES PURSUANT TO EXISTENCE OF A LOCAL
EMERGENCY, AND DIRECTING CITY MANAGER TO TAKE DIRECT
AND IMMEDIATE ACTION REQUIRED BY THE EMERGENCY
(by City Council of Atascadero acting through its Mayor)
WHEREAS, Atascadero Municipal Code Title 4 Chapter 4, Emergency Organization
and Functions, empowers the Director of Emergency Services/City Manager to proclaim the
existence or threatened existence of a local emergency when said city is affected or likely to be
affected by a public calamity and the City Council is not in session; and
WHEREAS, the Director of Emergency Services/City Mnager of the City of
Atascadero did find;
That conditions of extreme peril to the safety of persons and property have arisen within
said city, caused by earthquake; and
That the City Council of the city of Atascadero is not in session (and cannot be
immediately called into session);
WHEREAS, pursuant to Public Contract Code section 22050 the Emergency
Services/City Manager has taken direct and immediate action to procure the necessary
equipment, services, and supplies for the purpose of repairing and or replacing public facilities
without giving notice for bids to let contracts; and
WHEREAS, Director of Emergency Services/City Mnager did, based upon those
findings, declare a local emergency pursuant to local, State, and Federal law, on December 23,
2003; and
WHEREAS, based upon evidence before the City Council, the emergency will not
permit a delay resulting from a competitive solicitation for bids, and these actions have been and
are necessary to respond to the emergency; and
WHEREAS, the City Council convened for an emergency meeting pursuant to State
Law at the earliest possible time and within seven (7) days of such proclamation on December
24, 2003, which meeting was duly noticed pursuant to the emergency meeting procedures
contained in the Ralph M. Brown Act; and
WHEREAS, the conditions of extreme peril to the safety of persons and property did
and still exist within Atascadero, caused by earthquake and subsequent aftershocks.
City of Atascadero
Resolution No.2003-078
Page 2 of 2
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that:
1. The acts of the Director of Emergency Services/City Manager in previously
taking direct and immediate action required to repair or replace public facilities
by procuring the necessary equipment, services, and supplies for those purposes
without giving notice for bids to let contracts are hereby ratified.
2. A local emergency now and still exists throughout the City of Atascadero; and
IT IS FURTHER PROCLAIMED AND ORDERED that the Director of Emergency
Services/City Manager is ordered and authorized to take any further action directly related and
immediate action required to repair or replace public facilities. This resolution was unanimously
adopted by the City Council of the City of Atasr,adero at the special meeting held for that
purpose on December 24, 2003 at 8030 Morro ail, Atascadero, alifornia, and the Mayor was
directed to execute it.
Dated: j ?� a T By:
Dr. George Luna, Mayor
City of Atascadero