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Resolution 2659 - 1 \.... 2 3 4 5 6 7 8 9 11 12 13 14 \., 15 16 17 18 19 20 RESOLUTION NO. 2659 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, portions of the gravity sewer line conveys raw sewage; and WHEREAS, portions of the gravity sewer line are constructed across the Upper 10 Truckee River; and WHEREAS, inspections of the gravity sewer line by District personnel at Upper Truckee River crossing due east of the intersection of Morton Drive and South Upper Truckee Road have revealed significant erosion around the concrete encasement that protects the gravity sewer line, leaving the encasement to protrude above the river bed and allows the river flow to cascade over the down stream side of the encasement, which makes the encasement highly susceptible to being washed out and thus allowing for a raw sewage flow to the Upper Truckee River, all which have directly and indirectly resulted from the erosive effects of the Upper Truckee River; and WHEREAS, the damage to the gravity sewer line could potentially result in a rupture of the pipeline at any time with a consequent discharge of raw sewage into the 21 Upper Truckee River; and 22 WHEREAS, the damage to the gravity sewer line is an unexpected occurrence 23 posing a clear and imminent danger which could lead to the loss or impairment of health, 24 property, and/or essential public services; and 25 WHEREAS, substantial evidence has been provided to the District which 26 demonstrates immediate action is necessary to prevent this loss or impairment, repair the 27 pipeline and enter into agreements with contractors to perform such repairs necessary to '" 28 maintain service; and \., 8 9 10 11 12 13 14 \. 15 16 17 18 19 20 21 23 24 25 26 27 \." 28 Resolution 2659 Page 2 1 WHEREAS, emergency projects are exempt from the requirements of the California 2 Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15269 and 3 15369. 4 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 5 1 . The damage to the gravity sewer line is a sudden, unexpected occurrence 6 that poses a clear and imminent danger requiring immediate action to prevent or mitigate 7 the loss or impairment of health, property and essential services and is therefore an emergency. 2. The emergency will not permit a delay resulting from a competitive solicitation for bids. 3. Immediate actions directly related to the emergency, including repair or replacement of a section of the gravity sewer line, and actions to procure the necessary equipment, services and supplies are necessary to respond to the emergency and shall be made without giving notice for bids to let contracts. 4. The General Manager of the District is hereby authorized and directed to order any action necessary and appropriate to respond to the emergency including the repair or replacement of a section of the gravity sewer line, and the procurement of any necessary equipment, services and supplies, without giving notice for bids to let contracts. 5. Emergency repairs to the gravity sewer line are necessary to maintain service and repair actions are necessary to mitigate the emergency and are thus exempt from the 22 requirements of CEQA. 6. This Resolution shall take effect immediately. WE, THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution was duly and regularly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regular meeting duly held on the 2nd day of October, 1997 by the following vote: / / / / / / / / / / \., \w '-' Resolution 2659 Page 3 1 AYES: Directors Wallace, Jones, Strohm, Mason, Mosbacher 2 NOES: None 3 ABSENT: None 4 5 6 7 8 9 10 11 ~. )I..~ Christopher H. Strohm, Board President South Tahoe Public Utility District 12 ATTEST ",-kfl' J. ~ ,. <; J.,r) Art: 13 Katliy Shar , /' lerk of the B rd and Ex-Offi Secretary of the Board of Directors 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28