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Resolution 2652 RESOLUTION NO. 2652 A Resolution of the South Tahoe Public Utility District Declaring an Emergency, Authorizing Contracts without Bids, Delegating Authority to Order Emergency Action and Determining CEQA Exemption WHEREAS, the South Tahoe Public Utility District (District) is engaged in the collection, treatment and disposal of wastewater; and WHEREAS, severe weather conditions and excessive runoff washed away the upper portion of the Spring Creek sewer line in January, 1997; and WHEREAS, the severe weather conditions also washed away the access road, causing the Forest Service to restrict access to the Spring Creek Tract until the roads 9 could be reestablished; and 10 WHEREAS, the extent of the damage to the sewer line has recently become more 11 apparent since the snow has melted and District crews were able to visually inspect the 12 sewer line; and 13 WHEREAS, repair to the sewer line will be made by replacing the line with a new 14 line; and WHEREAS, the damage related to the Spring Creek sewer line is an unexpected occurrence posing a clear and imminent danger which could lead to the loss or impairment of health, property and/or essential public services; and WHEREAS, substantial evidence has been provided to the District which demonstrates immediate action is necessary to prevent this loss or impairment, repair these facilities, and enter into agreements with contractors to design and perform such 21 repairs necessary to maintain service; and 22 WHEREAS, emergency projects are exempt from the requirements of the California 23 Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15269 and 24 15369, 25 NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 26 1. The damage related to the sewer line at Spring Creek is a sudden, 27 unexpected occurrence that poses a clear and imminent danger requiring immediate ~ 28 action to prevent or mitigate the loss or impairment of health, property and essential 1 ,- \., 2 3 4 5 6 7 8 \., 15 16 17 18 19 20 ~ \., \.. Resolution 2652 Page 2 1 services and is therefore an emergency. 2 2. The emergency will not permit a delay resulting from a competitive 3 solicitation for bids. 4 3. Immediate actions directly related to the emergency, including repair or 5 replacement of the sewer line at Spring Creek and actions to procure the necessary 6 equipment, services and suppl ies are necessary to respond to the emergency and shall be 7 made without giving notice for bids to let contracts. 8 4, The General Manager of the District is hereby authorized and directed to 9 order any action necessary and appropriate to respond to the emergency including repair 10 or replacement of the sewer line at Spring Creek, and the procurement of any necessary 11 equipment, services and supplies, without giving notice for bids to let contracts, 12 5. Emergency repairs related to the damage of the sewer line at Spring Creek 13 are necessary to maintain service and repair actions are necessary to mitigate the 14 emergency and are thus exempt from the requirements of CEQA. 15 6. This Resolution shall take effect immediately. 16 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing 17 Resolution was duly and regularly adopted and passed by the Board of Directors of the 18 South Tahoe Public Utility District at an regular meeting held on April 17, 1997 by the 19 following vote: 20 AYES: Directors Wallace, Jones, Strohm, Mason, Mosbacher 21 NOES: None n ABSENT: None 23 24 25 26 27 f'// .- )1. ?~ L4y.-~ , Christopher H. Strohm, Board President South Tahoe Public Utility District 28