HomeMy WebLinkAbout5609 RESOLUTION NO. 5609
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DECLARING AN
EMERGENCY WITH RESPECT TO REPAIRING
FIRE-RELATED DAMAGE SUSTAINED BY THE
AUBURN AVENUE THEATER
WHEREAS, the Revised Code of Washington (RCW) Chapter 38.52 and
Auburn City Code Section 2.75.070 authorizes the Mayor to exercise emergency
powers to include proclaiming a state of emergency whenever a fire or disaster
occurs and results in, or threatens to result in, destruction of property as to
require extraordinary measures; and
WHEREAS, RCW 39.04.280(1)(c) and (e) provide that the governing body
of a municipality may waive the competitive bidding requirement for a public
works project in the event of an emergency; and
WHEREAS, RCW 39.04.280(3) defines "emergency" as unforeseen
circumstances beyond the control of the municipality that either: (a) Present.a
'real, immediate threat to the proper performance of essential functions; or (b) will
likely result in material loss or damage to property, bodily injury, or loss of life if
immediate action is not taken; and
WHEREAS, on July 23, 2021, a fire erupted in the 100 block of East
Main Street resulting in a 2-Alarm fire, which caused fire-related damage
including smoke and water damage at the Auburn Avenue Theater owned by
the City of Auburn; and
WHEREAS, the City of Auburn requires waiver of certain bidding and
budgetary requirements to allow the City to reduce further smoke and water
Resolution No. 5609
July 27, 2021
Page 1 of 3
damage, to immediately repair and restore the building, and to allow City
employees to return to work within the Theater; and
WHEREAS, in order to protect the building and the people depending on
the building, it is crucial to perform these repairs as soon as feasibly possible;
and
WHEREAS, due to the timing, location, and need for immediate repair and
construction of the Auburn Avenue Theater, there is insufficient time to complete
the construction project through the standard competitive bidding process and
must therefore declare the situation as an emergency; and
WHEREAS, an emergency situation exists as proclaimed by the Mayor in
Proclamation 2021-01 signed July 28, 2021. and the City desires to perform the
necessary construction of the Auburn Avenue Theater to waive the competitive
bidding process and award all necessary contracts on behalf of the municipality
to address the emergency situation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City Council ratifies the Mayor's determination that an
emergency existed necessitating emergency repairs to restore the Theater after
it sustained fire-related water and fire damage, which required the City to enter
into a contract or contracts to immediately repair and restore the building without
sufficient time to enable the City to go through the typical bidding and contracting
process.
Resolution No. 5609
July 27, 2021
Page 2 of 3
Section 2. The Mayor or Mayor's designee is authorized to negotiate
and enter into contracts with qualified contractors to perform the necessary work
to prevent further water and smoke damage and restore the Auburn Avenue
Theater, and that any action taken in furtherance thereof is hereby ratified.
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this A"-` day of �� „ k , 2021.
CITY OF AUBURN
fic • ,
ANCY :A . KUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC,'ity Clerk Kendra Comeau, City Attorney
Resolution No. 5609
July 27, 2021
Page 3 of 3
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CITY OF
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Nancy B-ackus,Mayos :
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EMERGENCY.PROCLAMATION 2021-01
A PROCLAMATION OF EMERGENCY RELATED TO
FIRE-RELATED DAMAGE SUSTAINED BY THE
AUBURN AVENUE THEATER
{
WHEREAS, the Revised Code of Washington,(RCW) Chapter 38.52 authorizes
the Mayor to exercise emergencypowers;and
WHEREAS, Auburn City Code Section2.75.070empowerstheMayor.toproclaim
a state of emergency whenever a fire or disaster occurs and, results in, or threatens to
result in,destruction of property as to require,extraordinary measures; and
WHEREAS, RCW 3.9:04.280(1)(c) and (e) provide that the governing body of a
municipality may waive the competitive bidding,requirement for a public works project
in the event of an emergency; and:
WHEREAS, RCW 39.04.280(3). defines "emergency" as unforeseen
circumstances beyond the control of the municipality that either;. (a). Present' a real,
immediatethreat to the proper performance of essential functions; or(b)will likely result
in material loss or damage to property, bodily injury, or loss of life if immediate action is
not taken;and
WHEREAS, on July'23, 2021, a Bre 'erupted in the -1.00 block of East Main
Proclamation 2021-01
Ally 27,2021
Page 1.of 3
Street resulting in a 2-Alarm fire, which caused smoke and water damage at the
Auburn Avenue Theater owned by the City of Auburn; and
WHEREAS, the City of Auburn requires waiver of certain bidding and
budgetary requirements to allow the City to reduce further smoke and water damage,
to immediately repair and restore the building, and to allow City employees to return
to work within the Theater; and
WHEREAS, in order to protect the building and the people depending on the
building, it is crucial to perform these repairs as soon as feasibly possible; and
WHEREAS, due to the timing, location, and need for immediate repair and
construction of the Auburn Avenue Theater, there is insufficient time to complete the
construction project through the standard competitive bidding process and must therefore
declare the situation as an emergency; and
WHEREAS, an emergency situation exists and the City desires to perform the
necessary construction of the Auburn Avenue Theater to waive the competitive bidding
process and award all necessary contracts on behalf of the municipality to address the
emergency situation;
NOW THEREFORE I, Nancy Backus, Mayor of the City of Auburn,
Proclaim as follows:
Section 1. As authorized by ACC 2.75.070, I do hereby proclaim and
declare an emergency in connection with the need to repair the water and smoke
damage to the Auburn Avenue Theater located at 10 Auburn Ave. in Auburn, WA
98002, to enter into a contract immediately to conduct such repairs, and there is
Proclamation 2021-01
July 27,2021
Page 2 of 3
insufficient time to enable the City to go through the typical bidding and contract
process.
Section 2. As soon as practicable I will advise and consult with. the City
Council with respect to all actions taken under the authority of this Proclamation.
Dated and signed: a , j'
tS,
CITY OF AUBURN
ANCY » 4 KUS,MAYOR
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Proclamation 202f-01
July 27;2021
Page 3 of 3
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