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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 NO. R-38-15 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON <br />DETERMINING THAT AN EMERGENCY CONDITION EXISTS FOR <br />THE COBURN STREET SEWER MAIN REPAIRS, AUTHORIZING THE <br />LETTING OF A CONTRACT TO COMPLETE SAID EMERGENCY <br />SEWER MAIN REPAIRS PURSUANT TO SECTION 22050 OF THE <br />CALIFORNIA PUBLIC CONTRACT CODE AND COLTON MUNICIPAL <br />CODE SECTION 3.08.130(A), AND DELEGATING AUTHORITY TO THE <br />CITY MANAGER TO PROCURE SERVICES AND EQUIPMENT FOR <br />SAID SEWER MAIN REPAIRS WITHOUT NOTICE FOR BIDS <br />WHEREAS, on April 8, 2015, City staff responded to a call from a residents regarding a <br />sewage back up at Coburn Street between Olive Avenue and Rosewood Street; and <br />WHEREAS, upon further inspection it was determined that the backup was caused by the <br />collapse of the eight -inch sanitary sewer main line running along Coburn Street ("Sewer Main"); <br />WHEREAS, crews immediately responded and installed a temporary by-pass pump to <br />prevent sewer system overflow and prevent raw sewage from backing up into residents' homes, <br />and there is an urgent need to repair the broken portions of the Sewer Main in order to restore <br />normal functioning for local residents and to prevent further damage to the Sewer Main; and <br />WHEREAS, section 1102 of the California Public Contract Code defines an emergency <br />as "a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate <br />action to prevent or mitigate the loss or impairment of life, health, property, or essential public <br />services"; and <br />WHEREAS, the City Council hereby finds that the damage to the Sewer Main constitutes <br />a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate <br />action to prevent or mitigate the loss or impairment of life, health, or property, given that the <br />Sewer Main provides essential sanitary sewer service to a significant number of residents in the <br />vicinity, and the repairs are necessary to prevent further sewer system overflow and backups; and <br />WHEREAS, under section 22050 of the California Public Contract Code "a public <br />agency, pursuant to a four-fifths vote of its governing body may repair or replace a public facility, <br />-1- <br />