HomeMy WebLinkAbout5042
ORDINANCE NO. 50t.f;;>....
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 2.26 of the Bremerton
Municipal Code entitled "Emergency Management Organization."
WHEREAS, the City Council desires to amend the Bremerton Municipal Code ,in
order to add provisions to Chapter 2.26 BMC relating to proclamations of emergencies and
responding to emergencies in the City of Bremerton; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.26 of the Bremerton Municipal Code is hereby amended
by adding a new section, Section 2.26.210 entitled "Mayors Proclamation of Emergency" to read
as follows:
2.26.210 MAYORS PROCLAMATION OF EMERGENCY.
(a) When unforeseen circumstances, beyond the control of the City, present an
emergency or disaster as defined in the City of Bremerton's Comprehensive Emergency
Management Plan, RCW 38.52.010(6)(a), and/or other federal, state or local law, the Mayor, or
in his or her absence, the Mayor Pro Tempore, or in both their absence, the next successor in line
on the City Council, may issue a proclamation ("Mayor's Proclamation") that an emergency
situation exists ("State of Emergency") which necessitates activation of the City of Bremerton's
Comprehensive Emergency Management Plan, and the utilization of emergency powers granted
pursuant to said plan, as well as Chapter 2.26 BMC, RCW 38.52.070(2) and other applicable
federal, state and/or local laws. Upon such proclamation, the City departments are authorized to
do the following:
(1) In accordance with BMC 2.76.130, make purchases and enter into related
contracts for material, equipment and services necessary and appropriate to address the
emergency situation and the implementation of emergency protective measures without the
necessity to follow the standard purchasing requirements outlined in Chapter 2.76 BMC;
(2) Make purchases and enter into related contracts for material, equipment
and services necessary and appropriate to address the emergency situation without utilization of
competitive bidding requirements of Chapter 39.04 RCW;
(3) To incur obligations necessary to combat such emergency situations to
protect the health and safety of persons and property;
(4) To exercise the powers vested under this proclamation in light of an
extreme emergency situation without regard to time consuming procedures and formalities
prescribed by law (excepting mandatory constitutional requirements);
(5) Provide appropriate assistance to the victims of such disaster; and
(6) To take any other emergency protective measures deemed appropriate.
1
EOC Ordinance Chapter 2.26
(b) The use of the emergency powers granted in this section shall be in effect only so
long as emergency protective measures are deemed necessary to:
(1) Eliminate or reduce any immediate threat to life, public health, or safety;
or
(2) Eliminate or reduce an immediate threat of significant damage to
improved public property (and private property when it is in the best interest of the general
public) through cost-effective measures.
(c) Upon the conclusion of the event, the Mayor, or in his or her absence, the Mayor
Pro Tempore, or in both their absence, the next successor in line on the City Council, will issue a
declaration ("Mayor's Declaration") terminating the State of Emergency as declared in the
Mayor's Proclamation ending the event period.
SECTION 2. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the S-t:A J
day of ~ IV. l' ..A .i
,2008
resident
Approved this ~A..) day of
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
~.g~tU
CAROL GEN, Clt Clerk
PUBLISHED the f:e/V day of ~~
EFFECTIVE the If:(,() day of ../LA
ORDINANCE NO. .s/J~~
,2008
,2008
R:\Legal\Legal\Ordinances\EOC Ordinance Chapter 2 26 BMC - Final.doc
2
EOC Ordinance Chapter 2.26
AFFIDAVIT OF PUBLICATION
Account # 42742 / Ad # 22454~
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christy Moffitt, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit:
March 8, 2008 and that such newspaper was regularly distributed to its subscribers during all of said period.
That the full amount of the fee charged for the foregoing publication is the sum of $28.45 amount has not
been paid in full.
~ADt~ ~~j\
(Signature of PrincIpal Clerk)
Subscribed and sworn to before me this day of March 17, 2008
Notary Public in and for the State of Washington, Kitsa
ORDINANCE NO. 5042
PASSED by the City Council the 5th day of March, 2008.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
March 8, 2008...........................AD #20062648