HomeMy WebLinkAboutcocc_mayor_declaration_emergency_20200316BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL
DECLARATION OF CIVIL EMERGENCY
WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute
respiratory illness that can be spread among humans through respiratory transmission and
presents with symptoms similar to those of influenza; and
WHEREAS, Governor DeSantis has issued Executive Order Number 20-52
declaring a state of emergency in the State of Florida regarding COVID-19, which is hereby
incorporated herein by this reference with respect to findings and applicability to the
municipalities within the State of Florida; and
WHEREAS, on March 13, 2020, President Donald Trump has declared a national
emergency regarding COVID-19; and
WHEREAS, on March 15, 2020, Brevard County declared a county emergency
regarding COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention has issued interim
guidance for COVID-19 which currently recommends that for the next 8 weeks, organizers
(whether groups or individuals) cancel or postpone in -person events that consist of 50
people or more throughout the United States, and have recommended practicing "social
distancing" in public spaces to slow the spread of infection; and
WHEREAS, cities in the United States and foreign cities are experiencing COVID-
19 outbreaks that have had significant health, safety, and economic impacts on their
residents, businesses, and visitors, and have resulted in mandatory quarantines, self -
isolation, business supply chain interruptions, cancellations of school and conventions and
other actions affecting people's lives and livelihoods; and
WHEREAS, in furtherance of the emergency declarations of the President of the
United States, Governor of Florida, and Brevard County, I find it necessary, by virtue of the
authority vested in me as Mayor of the City of Cape Canaveral, Florida, to likewise declare
a local public health emergency within Cape Canaveral so the City may immediately take
emergency protective actions when necessary and do its part to attempt to slow the
spread of infection of COVID-19 and to take such steps deemed necessary to protect the
public health, safety and welfare; 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
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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 IN ME,
AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that
COVID-19 poses a serious threat to the lives and property of the residents and businesses
of the City of Cape Canaveral and that a state of local emergency is declared effective this
16th day of March, 2020 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. Emergency Powers. As Mayor, I hereby authorize the City
to exercise its authority and powers pursuant to Florida Statutes 252.38(3)(a) and Chapter
18 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; 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
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Canaveral for employment within or outside the political limits of the City of Cape
Canaveral.
5. REQUEST FOR ASSISTANCE: Request Federal, State and 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
7. DURATION OF DECLARATION. Pursuant to Section 18-4 of the City Code,
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.
8. CITY MEETINGS AND EVENTS. Unless otherwise directed by the City
Council, the City Manager is hereby authorized to cancel or postpone all City board
meetings and City hosted/organized/sponsored public events and gatherings as
deemed advisable under the guidance provided by public health officials.
SECTION 3. City Officials. 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. Citizens. All citizens are called upon to stay informed
about COVID-19 and are hereby directed to comply with the necessary emergency
measures, to cooperate with public officials and civil public health officials, and 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
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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 16th day of March, 2020.
Bob Hoog, Mayor
ATTEST (City Seal)
Mia Goforth
City Clerk, MMC
Approved as to legal form and sufficiency for
The City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Mayor Declaration of Emergency
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