HomeMy WebLinkAboutORD-02-02 Amend 3.08.590- Deligating Emergency Contracting Authority to the City ManagerORDINANCE NO. 2-
02
I AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING AND
REVISING SECTION 3.08.590 OF THE ORANGE
MUNICIPAL CODE DELEGATING CERTAIN
EMERGENCY CONTRACTING AUTHORITY TO THE
CITY MANAGER FOR A PUBLIC
FACILITY.
RECITALS:WHEREAS, by the adoption of Ordinance No. 12-99 on July 13, 1999
the City Council of the City of Orange ("City Council") has heretofore elected to subject the
City of Orange to the uniform construction cost accounting procedures set forth in
Article 2 commencing with Section 22010) of Chapter 2 of Part 3 of Division 2 of
the California Public Contract
Code; and WHEREAS, the City Council desires to delegate to the City Manager the
authority to order any action pursuant to paragraph (I) of subdivision (a) of Section 22050
of the California Public Contract Code; namely, in case of an emergency, as that term is
defined in Chapter 3.08 of the Orange Municipal Code, to order repairs or replacements for
a public facility, take and directly related and immediate action required by that
emergency, and procure the necessary equipment, services, and supplies for
those purposes.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES ORDAIN
AS FOLLOWS:
SECTION I:Section 3.08.590 of the City of Orange Municipal Code is hereby repealed
in its entirety and a new Section 3.08.590 of the City of Orange Municipal Code is hereby
added to read in full
as
follows:I 3.08.590 Public Projects - Emergencies. A. In cases of emergency
when repairs or replacements are necessary, the City Council, pursuant to a four-
fifths vote,may replace or repair any public facility, take any directly related
and immediate action required by that emergency, and procure the necessary equipment,
services, and supplies for those purposes without giving notice for bids to
let contracts.B. Before the City Council takes any action pursuant to paragraph
A of this Section, it shall make a finding, based on substantial evidence set forth
in the minutes of its meeting, that the emergency will not permit a delay resulting
from a competitive solicitation for bids, and that the action is necessary to respond
to
C. If the City Council orders any action specified in paragraph A of this
section, it shall review the emergency action at its next regularly scheduled meeting
and at every regularly scheduled meeting thereafter until the action is terminated to
determine, by a four-fifths vote, that there is a need to continue the action. When
the City Council reviews the emergency action, it shall terminate the action at the
earliest possible date that conditions warrant so that the remainder of the emergency
action may be completed by giving notice for bids to let
contracts.D. Notwithstanding the authority of the City Council to order any
action specified in paragraph A of this section, the City Manager is authorized, in case of
an emergency, to order repairs or replacements of a public facility, take any
directly related and immediate action required by that emergency, and procure the
necessary equipment, services, and supplies for those purposes. The City Manager shall
report to the City Council at its next regularly scheduled meeting the reasons justifying
why the emergency will not permit a delay resulting from a competitive solicitation for
bids and why the action is necessary to respond to the emergency. The City Council
shall initially review the emergency action not later than seven (7) days after the action,
or at its next regularly scheduled meeting if that meeting will occur not later
than fourteen (14) days after the action, and at least every regularly scheduled
meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that
there is a need to continue the action, unless the City Manager has terminated that
action prior to the City Council reviewing the emergency action and making a
determination that there is no longer a need to continue
the action.E. The work authorized under this section 3.08.590 may be done
by day labor under the direction of the Public Works Director, by contractor, or
by a combination of
the two."
SECTION II:Should any section, subsection, clause, or provision of this Ordinance for
any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this Ordinance; it
being hereby expressly declared that this Ordinance, and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective
of the fact that anyone or more sections, subsections, sentences, clauses or phrases
be declared invalid
or unconstitutional.
SECTION III:A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior
to the City Council meeting at which this Ordinance is to be adopted. A swnmary of
this Ordinance shall also be published once within fifteen (15) days after its passage in a
newspaper of general circulation in the City of Orange. The City Clerk shall post in the Office of
the City Clerk a certified copy of the full text of the adopted Ordinance along with the names
of those Ord.No.2-
I
I
City Council members voting for and against the Ordinance in accordance with Government
Code Section 36933.
ADOPTED this 26'h day of February, 2002.
ATTEST:
C~~/'#/~d
Cassandra J. Cat , City Clerk of the CIty of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City Council
held on the l2'h
day of February, 2002, and thereafter at a regular meeting of said City
Council duly held on the 26'h day of February, 2002, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
4' A~~~Y-
A--/~Cassandra J. Cathc , CIty Clerk of the CIty of
Orange Ord.No.2-02