HomeMy WebLinkAboutOrdinance No. 06-O9ORDINANCE NO. 06-09
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA AMENDING SECTION 2-518 OF ARTICLE VII OF
CHAPTER 2 OF THE AZUSA MUNICIPAL CODE REGARDING
PURCHASES OF ELECTRICAL TRANSFORMER EQUIPMENT AND
PRIMARY COPPER CABLE
WHEREAS, the recent heat wave in the State of California has resulted in .
significantly higher demand for electric power to operate air conditioners and
refrigeration units for residences, commercial businesses, year-round schools and
hospitals; and
WHEREAS, this higher demand for electric power has resulted in lengthy power
outages all over the State, affecting millions of people, causing severe hardship and, in
many cases, physical injury due to the effects of heat exhaustion and other physical
ailments resulting from long periods of exposure to high temperatures; and
WHEREAS, during the summer heatwave, the City of Azusa has experienced
temperatures that have greatly exceeded the average high temperatures for the City
and have severely increased demand on the City's electric utility; and
WHEREAS, in order to meet the increased demand on electric energy and
protect the public from potential health hazards, the City must have the ability to quickly
purchase electrical transformer equipment and primary copper cable when replacement
of such equipment and cable becomes necessary in order to avoid power outages; and
WHEREAS, the City has identified the need for the purchasing regulations of the
City to be amended to include a higher dollar limit for the purchase of electrical
transformer equipment and primary copper cable in order to expedite purchasing of
such equipment and cable to ensure the City's ability to provide electric energy to Azusa
residents: and
WHEREAS, the City Council desires to adopt the provisions of the Azusa
Municipal Code as amended by this Urgency Ordinance, which are intended to reduce
the risk of public health hazards and related physical injuries from the effects of electric
power outages during periods of high temperature weather conditions; and
WHEREAS, it is necessary for the amendments to the Azusa Municipal Code, as
provided herein, to take effect immediately so that the new purchasing limits, as set
forth in the amendments, may be implemented for the benefit of Azusa residents; and
WHEREAS, immediate amendment of the provisions pertaining to the purchasing
limits for electrical transformer equipment and primary copper cable, as set forth in this
Urgency Ordinance, will be in the interest of the public health, safety and general
welfare and will help to diminish the risk of personal injury and death that may result
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from exposure to high temperature weather conditions and ensure that the City can
continue to provide uninterrupted electric energy services to Azusa residents; and
WHEREAS, California Government Code section 36937 empowers cities to
adopt, by a four-fifths vote, an urgency ordinance which is necessary for the immediate
preservation of the public peace, health or safety; and
WHEREAS, the City Council has determined that the adoption of this Ordinance
is necessary for the immediate preservation of the public peace, health and safety to
reduce the risk of personal injuries related to electrical power outages during periods of
high heat weather temperatures.
THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Section 2-518, subsection (c) of Article VII of Chapter 2 of the
Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows:
"(c) $25,0000 or more. Purchases of supplies and equipment of more than $25,000
shall, except as otherwise provided in this article, be awarded by the city council
pursuant to the Azusa formal competitive purchasing procedure. Notwithstanding this
subsection, purchases of electrical transformers and/or primary copper cable in an
amount of up to $75,000 per transformer or units of primary copper cable may be bid
out by any alternative purchasing procedure and a contract for said purchases may be
awarded by the city manager."
SECTION 2: The passage of this Urgency Ordinance is necessary in order to
preserve the public peace, health and safety for the reasons set forth in the Recitals
above.
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, clause
or phrase added by this Urgency Ordinance, or any part thereof, is for any reason held
to be unconstitutional or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the remaining portions of
this Urgency Ordinance or any part thereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespective of the fact that any one or more subsections,
subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional,
invalid or ineffective.
SECTION 4: This Urgency Ordinance shall take effect immediately upon its
adoption.
SECTION 5: This Urgency Ordinance is enacted pursuant to Government Code
sections 36934 and 36937 for the immediate preservation of the public peace, health
and safety.
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SECTION 6: The City Clerk shall certify the adoption of this Urgency Ordinance
and shall cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 21st day of August, 2006.
;iil lka " ane Chagnon
Mayor
Attest.'
Vera Mendoza
City Clerk
I HEREBY CERTIFY that the foregoing Ordinance No. 06-09, was introduced
and adopted by the City Council of the City of Azusa at a regular meeting thereof, held
on the 21st day of August, 2006, by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Vera Mendoza
City Clerk