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Resolution 08-023 Declaring Emergency Winter Storms CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.08-023 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, PROCLAIMING AN EMERGENCY OR DISASTER IN THE CITY OF SPOKANE VALLEY,WASHINGTON. WHEREAS, the City of Spokane Valley staff and/or the Spokane City/County Department of Emergency Management has reported to the Spokane Valley City Council THAT beginning on December 17. 2008. at_approximately 1:00 p.m., a series of severe winter storms began depositing very significant amounts of snow on the City, and the weather forecast anticipates significant additional snow over the next at least five days. The amount of snow severely disrupted or is disrupting the health, safety and welfare within the City of Spokane Valley and caused or is causing extensive damage in parts of the City of Spokane Valley;and WHEREAS,an emergency or disaster exists that necessitates utilization of the emergency powers granted pursuant to RCW 38.52 and/or 35A.33;and WHEREAS, the emergency conditions warrant the calling of an emergency meeting of the City Council without prior notice pursuant to RCW 42.30.070;and WHEREAS, significant economic loss has occurred or is occurring as a result of shutdowns necessary to conduct structural assessments of facilities;and WHEREAS, the City of Spokane Valley is responsible for maintaining the health, safety, and welfare of its citizens;and WHEREAS, the City of Spokane Valley has authority, pursuant to RCW 38.52.070(2), "to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is.authorized to exercise the powers vested under this section in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers,the rental of equipment, the purchase Of supplies and materials,the levying of taxes, and the appropriation and expenditures of public funds...";and WHEREAS,the City of Spokane Valley is a party to the regional Amended Interlocal Agreement for Emergency Management Services.That Interlocal Agreement was established pursuant to RCW 39.34 and RCW 38.52.070 to facilitate cooperation between the City of Spokane Valley and the Other local governments that are parties to the Agreement in the event of an emergency;and WHEREAS, state and federal resources are supplemental to local jurisdiction efforts;and WHEREAS, Mayor Richard Munson proclaimed that emergency conditions exist at 5:00 p.m. on December 22,2008;and WHEREAS, a local "Proclamation of Emergency" is a preliminary step to requesting a "Proclamation of Emergency"from the Governor and requesting state and federal assistance. Resolution 08-023 Emergency(winter weather) Page 1 of 2 NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON ORDAINS AS FOLLOWS: SECTION 1—Purpose and intent. As a result of the aforementioned conditions, it is the purpose and intent of this resolution to formally proclaim the existence of an'emergency or disaster in the City of Spokane Valley due to severe'winter storm conditions. SECTION 2—Definitions. "Emergency or disaster" as used in all sections of this Resolution except RCW 38.52.430 shall mean an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches, such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. SECTION 3—_Emergency Proclamation. A. The action by Mayor Richard Munson in proclaiming an emergency at 5:00 p.m. on December 22,2008 is ratified by the City Council. B. It is hereby declared that there has been an emergency since December 17, 2008 and continues to be an emergency or disaster as a result of the aforementioned conditions in the City of Spokane Valley, Spokane County, Washington; therefore,designated departments are authorized to enter into contracts and incur obligations necessary to combat such emergency to protect the health, safety and welfare of persons and property, and provide emergency assistance to the victims of such disaster pursuant to RCW 38.52 and/or 35A.33. C. Each designated department is authorized to exercise the powers enumerated in this Resolution in light of the demands of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law(except mandatoryyconstitutional requirements). SECTION 4- Effective.Date. This Resolution shall be in full force and effect upon adoption, and shall remain in effect until subsequent action by the City Council stating the conditions giving rise to this Emergency Proclamation have subsided. DATED this 23"I day of December,2008. 41$41 P4" /44 ichard Munson, ayor Al 0.), istifle Bainbridge,City Clerk / Approved as to Form: Office o he City At ey Resolution 08-023 Emergency(winter weather) Page 2 of 2 CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON PROCLAMATION OF EMERGENCY OR DISASTER IN TIE CITY OF SPOKANE VALLEY,WASHINGTON,BY THE MAYOR. WHEREAS, the City of Spokane Valley staff has reported to the Mayor THAT ON December 22.2008 ,at 5:00 p.m. , the frequent and heavy snow storms since December 17. 2008 severely disrupted or is disrupting the health, safety and welfare within 'the City of Spokane Valley and caused or is causing extensive damage in parts of the City of Spokane Valley; and WHEREAS, a "disaster" includes (but is not limited to) destructive natural phenomena, public disorder, energy emergency, riot, or o_ther situation causing destruction and distress that affects health, safety and welfare; and WHEREAS, an "emergency" includes (but is not limited to) destructive natural phenomena, public disorder, energy emergency, riot, or other grave or serious situation or occurrence that happens unexpectedly and demands immediate action; and WHEREAS, an emergency or disaster exists that necessitates utilization of the emergency powers granted pursuant to RCW 38.52 and/or RCW 35A.33; and WHEREAS, significant economic loss has occurred or is occurring as a result of the incident and shutdowns necessary to conduct structural assessments of facilities; and WHEREAS, the City of Spokane Valley is responsible for maintaining the health, safety, and welfare of its citizens; and WHEREAS, the City of Spokane Valley has authority, pursuant to RCW 35A.33.080, to make expenditures for emergencies "requiring the immediate preservation of order or public health, or for the restoration to a condition of usefulness of any public property which has been damaged or destroyed by accident, or for public relief from calamity....";and WHEREAS, the City of Spokane Valley has authority, pursuant to RCW 38.52.100(1), "to make appropriations for the ordinary expenses of [the City] for the payment of expenses of its local organization for emergency management"; and WHEREAS, the City of Spokane Valley is a party to the Amended Interlocal Agreement for Emergency Management Services, which Interlocal Agreement was established, pursuant to RCW 39.34 and RCW 38.52.070, to facilitate cooperation between the City of Spokane Valley and the several other local governments that are party to the Interlocal Agreement in the event of an emergency; and - 1 - WHEREAS, state and federal resources are supplemental to local jurisdiction efforts; and WHEREAS, a "Proclamation of Emergency" is a preliminary step to requesting a "Proclamation of Emergency" from the Governor and requesting state and federal assistance. NOW THEREFORE, I Rich Munson, Mayor of the City of Spokane Valley, as a result of the aforementioned situation and pursuant to RCW 38.52.020(1)(b): DO HEREBY PROCLAIM that a State of Emergency exists in the City of Spokane Valley and direct that the plans and procedures of the currently adopted Amended Interlocal Agreement for Emergency Management Services be implemented. Designated departments are authorized to enter into contracts and incur obligations necessary to combat such emergency to protect the health, safety and welfare of person and property, and provide emergency assistance to the victims of such disaster. Each designated department is authorized to exercise the powers vested in this resolution in light of the demands of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law (except mandatory constitutional requirements). DATED this 22"d day of December,200840 ... it— Richard Munson,Mayor -2 -