Emergency Proclamation

TOWN OF BENTON PROCLAMATION OF EMERGENCY

  October 20th, 2023, Sewer Main Failure Palmetto Park

                                                    

WHEREAS, the Town Engineer and Director of Public Works have reported to the Mayor of the Town of Benton that an unexpected instability in the soil around the Town’s sewer lines due to water table, which threatens to result in potential injury to persons, spread of highly contagious, communicable disease, or the destruction of, or damage to property if not addressed in the near term; and

WHEREAS, this constitutes an emergency and necessitates the utilization of emergency powers, including but not limited to the emergency contracting authority granted pursuant to La. R.S. 38:2212.P.(1)(a); and

WHEREAS, technical compliance with otherwise-applicable procedures would unreasonably delay the performance of services necessary to abate the referenced emergency;

NOW, THEREFORE, be it resolved by the Town Council of the Town of Benton that an emergency exists in Benton; therefore Town of Benton Departments are authorized to do the following:

1. Enter into contracts and incur obligations necessary to combat such emergency to the extent necessary to protect the health and safety of person and property; and

2. Provide appropriate emergency assistance; and

3. Utilize the emergency contracting authority provided by state law, including but not limited to La. R.S. 38:2212, and waive the competitive bidding and/or selection procedures otherwise required for the Town’s procurement of engineering services and public work; and

4. Other actions, as appropriate and reasonably necessary to address the emergency and protect the public health, safety and welfare of the Benton community.

Each Town of Benton Department is authorized to exercise the powers vested under this resolution in the light of the exigencies of the emergency situation without regard to time consuming procedures and formalities prescribed by law (except mandatory legal requirements).

Approved by Town Council at regular meeting 13th DAY OF NOVEMBER 2023

AYES 5

Nays 0

Abstain 0