HomeMy WebLinkAboutcocc_resolution_no_2019-16_20190829 RESOLUTION NO. 2019-16
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; DECLARING A STATE OF EMERGENCY
BY THE CITY COUNCIL EFFECTIVE THIS 29TH DAY
OF AUGUST,2019 FOR ALL THE TERRITORY WITHIN
THE LEGAL BOUNDARIES OF THE CITY OF CAPE
CANAVERAL; REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, on Wednesday, August 28, 2019, Governor Ron DeSantis issued
Executive Order 19-189, declaring a State of Emergency for counties in the path of
Hurricane Dorian to ensure state and local governments have ample time, resources and
flexibility to prepare.
WHEREAS,on Thursday,August 29,2019, Brevard County will be issuing a local
State of Emergency.
WHEREAS, Hurricane Dorian has the potential for causing 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 Dorian 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)(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;
NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER
VESTED IN THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA UNDER SECTION 18-2, that Hurricane Dorian poses 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 29"' day of August, 2019 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. 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:
City of Cape Canaveral
Resolution No. 2019-16
Page 1 of 3
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.
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
f) 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. 2019-16
Page 2 of 3
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 declaration shall become effective
immediately upon the execution of this declaration by the undersigned.
SECTION S. Notice to the Cite{Council. The City Clerk is hereby
directed to provide a copy of this Resolution to all members of the City Council, City
Manager, City Attorney, City Department Directors, and other appropriate government
officials.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in an
emergency meeting assembled this 29th clay of August, 2419.
o � z �
13s 1 1-1 0�,. 14�lai�cr/
For Against
ATTEST(City Seal):
Mike Brown X
a,. _, 1 —- Bob Hoog x
Mia Gofo th. CC
aityClerk Wes Morrison Second
Rocky: Randels Motion
d
teG o. . � ,� Angela Raymond Absent
Appy V&11U '''�°�m and Sufficiency for
the City ap Canaveral only:
litlions- A. arganese, City Attorney
City of Gape Canaveral
Resolution No. 2019-16
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