Loading...
HomeMy WebLinkAboutResolution No. 2017-25 RESOLUTION NO. 2017-25 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; CONFIRMING AND EXTENDING THE DECLARATION OF CIVIL EMERGENCY APPROVED BY THE MAYOR ON SEPTEMBER 7, 2017 DUE TO HURRICANE IRMA; PROVIDING FOR THE TERMINATION OF THE CIVIL EMERGENCY AT 11:59 P.M. ON SEPTEMBER 22,2017 UNLESS OTHERWISE EXTENDED BY ORDER OF THE MAYOR; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, On September 7, 2017, Mayor Bob Hoog, in consultation with City Staff and the City Attorney, issued a local emergency declaration pursuant to Section 18-2 of the City Code due to the impending Hurricane Irma; and WHEREAS, the City Council hereby finds that the City is currently in a state of emergency due to the fact that in conjunction with other local, state and federal agencies, the City is still in the process of implementing the City's emergency management plan and dealing with the aftermath of Hurricane Irma; and WHEREAS, the City Council further finds that it is necessary and reasonable for the City to continue exercising emergency powers invoked by the Declaration of Civil Emergency approved by the Mayor in order to protect the public health, safety and welfare of the citizens of Cape Canaveral; and WHEREAS, pursuant to Section 18-2 of the City Code, the City Council finds that it is necessary to confirm and extend the Declaration of Civil Emergency approved by the Mayor as more specifically provided for herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens and businesses of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CAPE CANAVERAL,FLORIDA,AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Confirming and Extending Civil Declaration of Emergency. Pursuant to Section 18-2 of the City Code, the City Council hereby confirms and extends the Declaration of Civil Emergency approved by the Mayor on September 7, 2017 until September 22, 2017 at 11:59 P.M., unless otherwise extended by order of the Mayor. An executed copy of the Declaration of Civil Emergency is attached to this Resolution and fully approved by the City Council and incorporated herein by this reference. City of Cape Canaveral Resolution No. 2017-25 Page 1 of 2 Section 3. Termination of Declaration of Civil Emergency. The Declaration of Civil Emergency shall remain in effect within the jurisdictional limits of the City of Cape Canaveral until September 22,2017 at 11:59 P.M,unless otherwise extended by order of the Mayor. Section 4. Severability. If any section, subsection, sentence, clause,phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled this 19th day of September, 2017. Bob Hoog,Mayor Name FOR AGAINST Mike Brown Motion Bob Hoog x Brendan McMillin Second Rocky Randels x Betty Walsh x ATTEST: Mia Goforth,CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2017-25 Page 2 of 2 Resolution No. 2017-25—Attachment BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF CIVIL EMERGENCY WHEREAS,Hurricane Irma has the potential for causing extensive damage to life and properties within all cities and municipalitics within the geographic area of the City of Cape Canaveral and poses an immediate threat; and WHEREAS, Hurricane Irma has the potential for causing 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)(x), 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 WHEREAS, pursuant to Section 18-2 of the City Code of the City of Cape Canaveral, Florida, the Mayor shall have the right to declare a civil emergency provided the declaration is in writing in the event the City Council cannot be convened at a meeting in a timely manner to address the civil emergency; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IPI ME,AS MAYOR OF THE CITY OF CAPE CANAVERAL,FLORIDA UNDER SECTION 18-2, that Hurricane Irma posers a serious threat to the lives and property of the residents of the City of Cape Canaveral and that a state of local emergency is declared effective this 7th day of September, 2017 for all the territory within the legal boundaries of the City of Cape Canaveral. 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. As Mayor, I hereby authorize the City to exercise its authority and powers pursuant to Florida Statutes 252.38(3)(a) and Chapter 1.8 of the City Code, 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; snake 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 Mayor Declaration of Emergency Hurricane Irma Page I of 3 Resolution No. 2017-25—Attachment 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. S. 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. b. WAIVER OF PROCEDURES: To waive the procedures and formalities otherwise required of the City of Cape Canaveral by l.aw 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 ofpennanent and temporary workers e) Utilization of volunteer workers f) Rental of equipment g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities h) Appropriation and expenditure of public funds 7. DURATION OF DECLARATION. Pursuant to Section 18-4 of the City Cade, this declaration of civil emergency shall commence immediately, and shall terminate when the declaration has been rescinded or terminated by resolution of the City Council or written instrument executed by the undersigned Mayor. 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 City of Cape Canaveral Mayor Declaration of Emergency Hurricane Irma Page 2 of 3 Resolution No. 2017-25—Attachment 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. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase,word,or portion of this declaration 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 6. Effective Date. This declaration shall become effective immediately upon the execution of this declaration by the undersigned. SECTION 7. Notice to the City Council. The City Clerk is hereby directed to provide a copy of this declaration to all members of the City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials. DECLARED by the Mayor of the City Council of the City of Cape Canaveral, Florida, this 7th day of September, 2017. Bob Hoog, Mayor ATTEST: (City Seal) Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for The City of Cape Canaveral only: Anthony A. Carganese, City Attorney City of Cape Canaveral Mayor Declaration of Emergency Hurricane Irma Page 3 of 3