HomeMy WebLinkAboutResolution No. 2016-25 RESOLUTION NO. 2016-25
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL,BREVARD COUNTY,
FLORIDA,EXTENDING A STATE OF EMERGENCY
DECLARED BY THE MAYOR DUE TO DISASTER
CONDITIONS RELATED TO HURRICANE
MATTHEW TO ADDRESS DAMAGE TO PROPERTY
WITHIN THE CITY OF CAPE CANAVERAL;
PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Hurricane Matthew caused extensive damage to life and properties
within all cities and municipalities within the geographic area of the City of Cape
Canaveral and poses an immediate threat; and
WHEREAS, Hurricane Matthew caused extensive damage to public utilities,
public buildings, public streets and roads, public drainage systems, commercial and
residential building and areas; and
WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for a
political subdivision such as the City of Cape Canaveral to declare a state of local
emergency and to exercise certain powers and authority to safeguard the lives and property
of its citizens; and
NOW, THEREFORE, BE IT RESOLVED that Hurricane Matthew caused
damage to properties within the City of Cape Canaveral and that a state of local emergency
is extended for all the territory within the legal boundaries of the City of Cape Canaveral
through 11:59 p.m., October 11, 2016.
SECTION 1. Recitals. The foregoing recitals are hereby fully
incorporated herein by this reference and are deemed a material part of this resolution.
SECTION 2. The City Council of the City of Cape Canaveral hereby
authorizes the exercise of its authority and powers pursuant to Florida Statutes
252.38(3)(a), and under the direction of the city manager to the extent necessary to protect
the public health, safety and welfare and the best interests of the City of Cape Canaveral,
which include the authority and powers to:
1. CONTRACTS; EQUIPMENT, SUPPLIES. Appropriately expended funds; make
contracts; obtain and distribute equipment, materials and supplies for emergency
management purposes; provide for the health and safety of persons and property,
including emergency assistance to the victims of any emergencies; and direct and
coordinate the development of emergency management plans set by the Federal and
State Emergency Management agencies.
City of Cape Canaveral
Resolution No. 2016-25
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2. ADDITIONAL PERSONNEL: Appoint, employ, remove, or provide (with or
without compensation) coordinators, rescue teams, fire and police personnel, and
other emergency management workers.
3. EMERGENCY OPERATING CENTERS: Establish, as necessary, a primary and
one or more secondary emergency operating centers to provide continuity of
government and direction and control of emergency operations.
4. ASSIGNMENT— CITY PROPERTY/PERSONNEL: Assign and make available
for duty the offices and agencies which operate under the City Council of the City
of Cape Canaveral, including the employees, property, and equipment thereof
relating to firefighting, engineering, rescue, health, medical and related services,
police, transportation, construction, and similar items or services for emergency
operation purposes, as the primary emergency management forces of the City of
Cape Canaveral for employment within or outside the political limits of the City of
Cape Canaveral.
5. REQUEST FOR ASSISTANCE: Request County assistance or invoke emergency
related mutual aid assistance by declaring a state of local emergency in the event of
emergency affecting the City of Cape Canaveral.
6. WAIVER OF PROCEDURES: To waive the procedures and formalities otherwise
required of the City of Cape Canaveral by law pertaining to:
a) Performance of public work and taking whatever prudent action necessary
to ensure the health, safety, and welfare of the community
b) Entering into contracts
c) Incurring obligations
d) Employment of permanent and temporary workers
e) Utilization of volunteer workers
I) Rental of equipment
g) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities
h) Appropriation and expenditure of public funds
SECTION 3. All public officials and employees of the City of Cape
Canaveral are hereby directed to exercise the utmost diligence in the discharge of the duties
required of them for the duration of the emergency and in the execution of emergency laws,
regulations and directives, state and local.
SECTION 4. All citizens are called upon and directed to comply with the
necessary emergency measures, to cooperate with public officials and civil emergency
disaster service forces in executing the emergency operational plans, and to obey and
comply with the lawful directions of properly identified public officers.
City of Cape Canaveral
Resolution No. 2016-25
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SECTION 5. Repeal of Prior Inconsistent Resolutions. All prior
resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of
that conflict.
SECTION 6. Severability. If any section, subsection, sentence, clause,
phrase,word,or portion of this resolution is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portion hereto.
SECTION 7. Effective Date. This resolution shall become effective
immediately upon adoption by the City Council of the City of Cape Canaveral,Florida and
shall remain in effect through 11:59 p.m., October 11, 2016.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in an
emergency meeting assembled this 10'h day of October,2016.
tMA
Bob Hoog,Mayor Z5 V11%1_7111-
-j
For Against
ATTEST (City Seals''
., mum John Bond Motion
w
d Mike Brown X
/fAia Goforth, C,
City Clerk Bob Hoog _X
Brendan McMillin X
Betty Walsh Second
Approved as to legal form and sufficiency for
the City o pe Canaveral only:
ANTHON A. GARGANESE,-rify Attorney
City of Cape Canaveral
Resolution No. 2016-25
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