HomeMy WebLinkAbout2009-03-17; Municipal Water District; Resolution 13481
RESOLUTION NO. 1348
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A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
3 DISTRICT BOARD OF DIRECTORS OF CARLSBAD,
CALIFORNIA, PROCLAIMING A RETROACTIVE DECLARATION
4 OF A LOCAL EMERGENCY
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WHEREAS, on February 5, 2009 conditions of extreme peril to the safety of6
persons and property arose within the City of Carlsbad caused by a 27" recycled water
8 line break crossing the three East bound lanes of Palomar Airport Road, approximately
9 500' east of El Camino Real, in Carlsbad, California; and
10 WHEREAS, these conditions created an unexpected occurrence that posed a
11 clear and imminent danger and required immediate action to prevent or mitigate the loss
19 or impairment of life, health, property, or essential public services, and are or are likely
13 to be beyond the control of the services, personnel, equipment and facilities of the
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Carlsbad Municipal Water District; and
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WHEREAS, these conditions did not permit a delay resulting from a competitive
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solicitation for bids, and that the action was necessary to respond to the emergency;
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-19 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District was
20 not in session and could not immediately be called into session; and
21 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad
22 Municipal Code gives the City Manager authority to declare a public emergency subject
23 to confirmation by the Carlsbad Municipal Water District Board of Directors, by four-
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fifths vote at its next regularly scheduled meeting following the declaration of the
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emergency; and
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1 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water
2 District Board of Directors of the City of Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
4 2. There is a need to proclaim the state of the local emergency that occurred
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on Thursday, February 5, 2009, by adoption of Resolution No. 1348 .
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3. That the City Manager or her designee is authorized and directed to
complete and file all appropriate forms and documents necessary to abate the
9 emergency and to obtain the maximum cooperation and assistance both financial and
10 otherwise in responding to this emergency.
11 4. That every fourteen days the City Manager shall review with the CMWD
12 Board the emergency actions taken to date and determine the need to continue the
13 emergency.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 17th day
of March, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
6P,
LORRAINE M. WOOD, Secretary
(SEAL)
S : eo t