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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION R-124-93 <br />RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF COLTON REGARDING THE <br />EXISTENCE OF A GREAT PUBLIC <br />CALAMITY AND THE NECESSITY FOR <br />EMERGENCY ACTION REGARDING <br />CERTAIN PROPERTY DAMAGES <br />SUSTAINED ON PROPERTY LOCATED IN <br />THE ENCANTO COURT AREA <br />WHEREAS, due to a break in a water main located in the Encanto Court area during the <br />spring of 1993, certain property damage occurred; and <br />WHEREAS, as a result of the damage that occurred in the Encanto Court area certain <br />conditions have come into being that pose a serious risk of immediate public calamity and <br />disaster should weather conditions result in further water wash-out in the area; and <br />WHEREAS, it is unknown at this time whether the City has any responsibility for the damage <br />that has been caused or for the conditions that exist in the Encanto Court area; and <br />WHEREAS, even though the City may have no liability for the present conditions in the <br />Encanto Court area or for any subsequent property damage that may be sustained in that area <br />due to weather conditions or other acts of God; and <br />WHEREAS, the existence of dangerous conditions in the Encanto Court area poses an <br />immediate risk of serious public calamity and disaster to property owners in the area and to City <br />streets and other City public improvements; and <br />WHEREAS, regardless of the liability of the City to property owners in the Encanto Court <br />area, the City faces an immediate and significant risk of loss to public infrastructure in the are <br />unless immediate action is taken to prevent further property damage due to weather conditions <br />or other acts of God; and <br />WHEREAS, the City has the authority by four-fifths vote pursuant to Section 3.08.130(I) to <br />suspend the requirements of that section with regard to bidding requirements for public works <br />projects and to authorize the immediate expenditure of public money to safeguard life, health <br />or property. <br />NOW THEREFORE, THE CITY COUNCIL FINDS AND RESOLVES AS FOLLOWS: <br />1. A great public calamity has occurred causing significant property damage in the <br />Encanto Court area and posing an immediate risk of substantially more property damage in that <br />area to private and public land and facilities. <br />