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HomeMy WebLinkAbout2009-1 (2)EMERGENCY PROCLAMATION NO. 2009-1 A PROCLAMATION BY MAYOR PETER B. LEWIS ISSUED PURSUANT TO CITY OF AUBURN RESOLUTION 4519 WAIVING CERTAIN STATUTORY CONTRACTING AND BUDGET REQUIREMENTS, AUTHORIZING STAFF TO IMPLEMENT EMERGENCY PURCHASING PROCEDURES PURSUANT TO CITY CODE, AND TO MAKE CERTAIN ENVIRONMENTAL DETERMINATIONS, AND TAKE OTHER STEPS IN RESPONSE TO THE EMERGENCY WHEREAS, after the January, 2009, record storm event, the U.S. Army Corps of Engineers discovered sinkholes and rapid seepage of water through an earthen abutment next to the Howard Hanson Dam up river from the City of Auburn; and WHEREAS, the Corps of Engineers recently warned of potential major flooding while the dam is being repaired, and has warned that it is unlikely the dam will be able to hold back flood level waters in a major storm, meaning - in a worst case flood scenario - some 26,000 people would need to be evacuated from the region; and WHEREAS, the Corps has advised all down stream communities to take advance measures to protect life and property and has set specific limits for down stream communities to raise existing levies not to exceed a flood itow of 13,900 cubic feet per (CFS) second with three feet of freeboard; and WHEREAS, the existing levee system within the Green River Valley was only designed to protect communities from flows up to 12,000 CFS, as measured at the Auburn gage; and Proclamation No. 1 October 8, 2009 Page 1 of 4 WHEREAS, City representatives have been involved at the regional level, with state, county and other Green River cities to address the anticipated flooding threats, in accordance with state law, including RCW 38.52, in an effort to develop a consistent, coordinated strategy to respond to the flood threat, including an on-going public information campaign; and WHEREAS, on August 31, 2009 the Mayor and City Council adopted Resotution 4519, declaring a local emergency relating to the flood control capabilities of the Howard Hanson Dam and possible flooding on the Green River during the 2009 and subsequent flood seasons; and WHEREAS, the Mayor has determined that it is necessary for the City of Auburn to take actions authorized under Resolution 4519 and under Auburn City Code Chapter 2.75, Emergency Preparedness, and Revised Code of Washington ("RCW") Chapter 38.52, Emergency Management, including, but not limited to the definitions of RCW 38.52.010, the authorizations of RCW 38.52.070 and RCW 38.52.110, the liability immunity and indemnification provisions of RCW 38.52.180, et seq.; and WHEREAS, the Mayor has determined that these actions must be taken quickly to avoid and protect against an imminent threat to public health and safety, to prevent an imminent danger to public and private property, to protect property from damage by the elements, and to prevent an imminent threat of serious environmental degradation. NOW, THEREFORE, THE MAYOR OF THE CITY OF AUBURN, WASHINGTON, HEREBY PROCLAIMS as follows: Proclamation No. 1 October 8, 2009 Page 2 of 4 Section 1. In accordance with Auburn Resolution No. 4519, and its findings, and pursuant to state law, including but not limited to RCW 38.52, I declare an emergency relative to the Howard Hanson Dam flooding threat. Section 2. Pursuant to ACC Section 2.75.090, I hereby assume the authority to enter into contracts and incur obligations, and to take any other appropriate action, necessary to address and respond to the emergency declared in Resolution 4519 and this proclamation, to protect the health and safety of persons and property, and to provide emergency assistance to the victims of such disaster. Section 3. Such powers shall be exercised in the light of the exigencies of the situation without regard to time-consuming procedures and formalities prescribed by State statute and rules, and by City ordinance (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations and requirements of competitive bidding and publication of notices pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, City-performed or directed work in areas of the City that are subject of moratoria and the appropriation and expenditures of public funds. Section 4. Department heads and their designees are hereby delegated the authority to solicit quotes and estimates for contracts necessary to combat the emergency declared in Resolution 4519. Department heads may enter into such contracts in an amount not to exceed Twenty-Five Thousand Dollars Proclamation No. 1 October 8, 2009 Page 3 of 4 ($25,000.00). Contracts in excess of this amount shall not be valid unless signed by the Mayor. Section 5. The City shall take whatever action it deems appropriate to respond to the emergency conditions, and the Department heads and their designees are hereby directed to implement the emergency purchasing procedures under ACC 2.75.110 for any supplies, materials, and equipment necessary to combat the emergency declared in Resolution 4519. Section 6. I declare that the actions authorized by this Proclamation are necessary to avoid an imminent threat to public health or safety, to prevent an imminent danger to public and private property, to protect property from damage by the elements, and to prevent an imminent threat of serious environmental degradation, and must be undertaken within an appropriate time to respond to the emergency. Section 7. As soon as practicable I will advise and consult with the City Council with respect to all actions taken pursuant to the Proclamation, and any contract entered into pursuant to the Proclamation shall at the earliest practicable time be presented to the City Council for review and appropriate legislation. Section 8. That this Proclamation shall take effect and be in full force on the date hereof, and shall continue in effect until rescinded by the Mayor. Dated and Signed this g~A day of , 2009. CI A N ~ r.- ~ PETER B. LEWIS MAYOR Proclamation No. 1 October 8, 2009 Page 4 of 4