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RESOLUTION NO. 1779
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
fi~KING FINDINGS OF FACTS CONSTITUT-
ING PUBLIC EMERGENCY OR NECESSITY
AND APPROVING AND PERMITTING PRO-
POSED SUBCONTRACT FOR REPAVING.
WHEREAS, Mike Radich & Co., contractor, is
currently engaged in the performance of certain sewer
work under the Improvement Act of 1911 pursuant to
Resolution No. 1725 of this City Council adopted on
the lOt!:, day of November 1947 and under a contract
awarded by this City Council by Resolution No. 1755
adopted on the 30th day of March 1948, said contract
being da.ted April 15, 1948 and executed by and be-
tween said contractor and G. B. ryatson, as Superin-
tendent of Streets of said city; and
~HEREAS, a letter signed by said contractor
and dated June 28, 1948 has been presented to this
City Council and to the Engineer of ryork for said
work together with a proposed subcontract by and be-
tween said contractor and R. L. Heron, attached
thereto; and
WHEREAS, the contractor has requested in
said letter that this City Council and said Engineer
of Work approve and permit the execution and perform-
ance of said subcontract upon a finding made under
Chapter 2, Division 5, Title 1, of the Government
Code of California; and
~}rnREAS, the contents of said letter and
INDEXI!D
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subcontl'act have been examined and this City Council
is fully informed in the premises;
NON, THEREFORE, the City Council of the
City of Arcadia DOES HEREBY RESOLVE, DETERMINE AND
ORDER as follows:
Section 1. That since the commencement of
the work the said contractor, l.like Radich & Co., has
encountHred boulders, gravel, sand and other trouble-
some soil conditions which have made the work exceed-
ingly and unexpectedly difficult and have retarded
its progress. Because of such conditions said con-
tractor is substantially behind its projected time
schedul,~ for completion. Under these circumstances
ultimatl~ completion by the date prescribed in the con-
tract i:~ extremely doubtful, if not impossible.
Over 45,000 feet of sewer trenches have been
dug and refilled in the work done to date. No sub-
stantial amount of repaving has been done. The con-
tractor has refrained from doing such repaving because
conditions of traffic and favorable weather for trench
operations have required that all his available working
forces oe employed at trenching, pipe-laying and back-
filling. Most of the trenches heretofore excavated
now are dirt filled making the surface comparatively
soft and irregular. They are a hazard to traffic and
dangeroAs to life and property. The flow of traffic
over tham creates clouds of dust which disturb and in-
convenience the residents of adjacent property and
cause Q~trenched portions of the street to be dirty.
2.
A search on the part of the contractor for the addi-
tional employees needed to expedite the work has been
and will be slow and uncertain because of the lack of
availability on the present labor market of unemployed
competent workmen. The training of additional workmen
by the contractor would take time and men away from the
prosecution of the rest of the work, thus further slow-
ing its progress. If Mike Radich & Co. now undertakes
to do this repaving, it will seriously drain away
working force and equipment from the rest of said work
and unnecessarily delay and prolong the project. Pub-
lic health and necessity require the sewer system to
be completed and available for use at the earliest pos-
sible date.
The work will continue through the coming
winter. Because of uncertainties of winter weather,
the likelihood of unfavorable working conditions and
the possibility of worse than average weather which
would make quagmires of the unpaved trenches, it is
urgent that the maximum force be employed now when the
skies a:r'e clear and the weather favorable. Increased
winter and spring automotive traffic arising out of the
operation of the Santa Anita race track also contributes
to the difficulties and uncertainties of work done dur-
ing those seasons.
Section 2. That the proposed subcontractor
has expert crews ready to do the repaving described
in said subcontract. No long search or training period
would be involved. They and the equipment they use
are in the immediate Arcadia area at the present time.
3.
The proposed subcontractor has done repaving work in
Arcadia recently which has been done speedily and
satisfaetorily. If said proposed subcontract is per-
mitted lrnd performed the repaving provided for in said
work wi:l be done, thereby immediately alleviating the
bad and dangerous conditions now existing, thereby
probably making the sewer system available sooner, and
thereby considerably reducing, during the progress of
the \'lork, the traffic hazards and dangers to life and
propert~r .
Section 3. That pursuant to and in accord-
ance with the provisions of Section 4105 of the Gov-
ernment Code of the State of California this City
Council hereby finds that the facts set out in Section 1
hereof eonstitute a public emergency or necessity and
hereby permits and approves said proposed contract in
order to meet said public emergency or necessity, and
this City Council further finds that the public neces-
sity and emergency require said subcontract.
Section 4. That this Resolution shall be
entered in full on the minutes of this City Council.
of
ADOPTED, SIGNED AND APPROVED this 30th day
, 1948.
.TllnA
?:€L,//~v'
[,layor of the Ci ty of
Arcadia, California.
ATTEST:
~
qr-C~
Ci ty Cl<3rk of the C1 ty; of
Arcad:la, califor~.
,
(SEAL)
4.
STATE OF CALIFORNIA
COURTY OF LOS AHGELES
CITY OF ARCADIA
)
l ss.
l
I, ~, C. BILLIG, City Clerk of the City of
Arcadia J' Cal1forni a, DO HEREBY CERTIFY that t.he fore-
going resolution was duly adopted by the City Council
of said oi ty and was approved by the J,layor of said
city at an adjourned regular meeting of said City
Council held on the 30th day of June, 1948, and that
it was so adopted by the folloTIing vote:
AYES:
Councilmen Boucher, Ewing, Klomp,
Nugent and Russe]]
NOES:
Councilmen
None
ABSENT:
Councilmen
None
--
~~r~
C1 Y Clerk of the Ci}y' . f
Arcadia, Cali forIfta':
5.