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HomeMy WebLinkAbout1815Resolution No. 1815 (Amending or Repealing Resolutions) CFN = 1318-Green River Levee Reconstruction (Howard Hanson Dam) Passed -9/15/09 Howard Hanson Dam -Preemptive Emergency I RESOLUTION NO. ____::1_ 1 ------ A RESOLUTION of the City Council of the City of Kent, Washington, proclaiming a preemptive emergency relating to the Howard Hanson Dam and potential downstream flooding. RECITALS A. State law and the Kent City Code empower the Kent City Council and the Mayor to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a major emergency or natural disaster. The United States Army Corps of Engineers ("Corps") has declared that the reservoir capacity and the associated flood control capabilities of the Howard Hanson Dam have been diminished, and as a result, local communities downstream should plan for the potential that the Green River may overtop its levees increasing the risk for flooding in the Green River Valley during the 2009 and subsequent flood seasons, until the Corps has completed repairs to the dam. B. Should heavy rains occur within the watershed of the Howard Hanson Dam while the dam operates at a diminished capacity, the floor of the Green River Valley could experience flooding that might cause infrastructure damage in Kent, interference with public health and safety, disruption to business operations, and other economic impacts. Anticipating the potential harm that faces Kent and other cities, the 1 Howard Hanson Dam - Preemptive Emergency Governor requested on July 20, 2009, that the Corps provide advance measures to King County. Similarly, in response to the flood damage potential, the King County Council, the Auburn City Council, the Renton City Council, and the Tukwila City Council have each issued emergency proclamations, resolutions, or ordinances giving authority to waive bidding and purchasing procedural requirements to act in advance of actual flooding. C. The Emergency Management Division of the City of Kent's Fire Department, the City's Public Works Department, and its Economic and Community Development Department recommend that the Kent City Council declare an emergency in anticipation of the flooding potential caused by the diminished capacity of the Howard Hanson Dam. This emergency declaration will enable the Mayor to make preparations in advance of any possible flooding and to respond swiftly should the Green River levees fail to contain rising flood waters. D. Accordingly, the Kent City Council finds that the threat posed by the Howard Hanson Dam is genuine and that conditions of peril to the safety of persons and property are threatened within the City, caused by the current condition of the Howard Hanson Dam. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Emergency Finding and Declaration. The above recitals are found to be true and correct in all respects and are adopted by the Kent City Council as its findings. Further, based on the representations made by the U.S. Army Corps of Engineers that flooding is possible in the Green River Valley because of the diminished operating capacity of the 2 Howard Hanson Dam - Preemptive Emergency Howard Hanson Dam, the Kent City Council finds and declares that an emergency exists that presents a real, immediate threat to the proper performance of essential public and private functions, and that this emergency may likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken to temporarily raise or reinforce portions of the Green River levees, and to protect key public and private infrastructure within the potential floodplain. SECTION 2. -Length of Emergencv. The emergency proclaimed and powers granted by this resolution shall be deemed to continue to exist until the Corps determines that the current weaknesses in the Howard Hanson Dam are fully repaired and the dam is operating at full capacity, and until such time as essential public functions are substantially restored. SECTION 3. -Mayor's Authority During Emergency. During the existence of this emergency, and pursuant to the authority provided for in sections 35A.40.210(1), 35.22.620(6), 39.04.280, and 38.52.070(2) of the Revised Code of Washington, and section 3. 70.090 of the Kent City Code, the Mayor may exercise the powers, functions, and duties necessary to prepare for, to stabilize, and to control potential flooding within Kent. These emergency powers specifically include, without limitation, the power to waive all competitive bid requirements for purchases of goods, services, or supplies and for all public works contracts, but only to the extent the Mayor determines these purchases or contracts are necessary to react to the emergency declared in this resolution. SECTION 4. -Written Finding. Pursuant to RCW 39.04.280(2)(b), this resolution constitutes the City Council's written finding of the existence of an emergency, which upon passage, shall be entered of record with the City Clerk in the same manner as other Council resolutions, and which allows the Mayor to award contracts without competitive bidding. 3 Howard Hanson Dam - Preemptive Emergency SECTION 5. -Severabilitv. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 6. -Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 7. -Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of September, 2009. CONCURRED in by the Mayor of the City of Kent this -----'-""""--day of .L:::::::::::;tF~~~='---' 2009. ATTEST: APPROVED AS TO FORM: 4 Howard Hanson Dam - Preemptive Emergency I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the -'--"-="'---day of September, 2009. BRENDA JACOBER, C(J CLERK P:\Civii\Resolutlon\HowardHanson-PreEmptlveEmergencyDeclaratlon.doc 5 Howard Hanson Dam - Preemptive Emergency