HomeMy WebLinkAbout2008-04-22; Municipal Water District; Resolution 13181
RESOLUTION NO. 1318
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A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
3 MUNICIPAL WATER DISTRICT (CMWD) DECLARING A LOCAL
EMERGENCY AND APPROPRIATING FUNDS TO
A RECONSTRUCT A POTABLE WATER PIPELINE FROM THE
* WATER REPLACEMENT FUND.
WHEREAS, on March 1, 2008, a sink hole and separated storm drain pipeline were
6 discovered in a drainage easement located at 2283 Cameo Road; and
7 WHEREAS, the sinkhole created a nuisance in the rear yard at 2277 and 2283 Cameo
8 Road; and
9 WHEREAS, the sinkhole and missing storm drain segment had the potential to
10 undermine an existing 6-inch potable water pipeline and cause erosion and damage of real
property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and
3817 El Camino Real; and
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WHEREAS, CMWD has determined the potable water pipeline requires replacement;
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and
14 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
15 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
16 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
17 WHEREAS, staff determined that the potential damage to water lines as well as the
18 threat to real property meets the criteria for an emergency as defined in Public Contract Code
19 Section 1102; and
20 WHEREAS, The Carlsbad Municipal Water District operates under the City of Carlsbad
purchasing rules pursuant to the Operation Agreement between Carlsbad Municipal Water District
and the City of Carlsbad date June 25, 1991; and22
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
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Code gives the City Manager authority to declare a public emergency subject to confirmation by
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the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
25 of the emergency; and
26 WHEREAS, the City Manager declared a Local Emergency on March 7, 2008; and
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1 WHEREAS, said local emergency continues until the sinkhole and all associated
2 components and conditions have been restored and declared abated by order of the City Manager
3 and City Council; and
WHEREAS, the damage to the water pipeline requires a Declaration of Local
Emergency by Carlsbad Municipal Water District; and5
WHEREAS, it is the intent of the Carlsbad Municipal Water District to do all things
6 necessary to effectuate this intent; and
7 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, has
8 determined it necessary, desirable, and in the public interest to reconstruct a damaged potable
n water pipeline; andy
WHEREAS, funds in the amount of $120,000 are required to complete the project and
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are currently available in the Water Replacement Fund.
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NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
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Municipal Water District, as follows:
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1. That the above recitations are true and correct.
14 2. That the foregoing constitutes an emergency situation requiring a Declaration of
Local Emergency by the Board of Directors of the Carlsbad Municipal Water District and requires
A C
that the District dispense with the formal bidding process.
3. That the Executive Manager or her designee is authorized and directed to
18 complete and file all appropriate forms and documents necessary to abate emergency and to
19 obtain the maximum cooperation and assistance both financial and otherwise in responding to this
20 emergency.
21 4. That every fourteen days the Executive Manager shall review with Board of
22 Directors the emergency actions taken and determine the need to continue the emergency.
23 5. That the Finance Director is authorized to appropriate $120,000 from the
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Water Replacement Fund for the replacement of the potable water pipeline from Cameo Road to
25 El Camino Real.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council held
on the 22nd day of April, 2008, by the following vote:
AYES: Commission Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST: