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HomeMy WebLinkAboutcocc_resolution_no_2022-31_20221108RESOLUTION NO. 2022-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; DECLARING A STATE OF CIVIL EMERGENCY DUE TO TROPICAL STORM NICOLE TO COMMENCE AT 8:00 A.M. ON NOVEMBER 9, 2022; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Tropical Storm Nicole has the potential for becoming a hurricane and 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, Tropical Storm Nicole 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; and WHEREAS, on November 7, 2022, Governor Ron DeSantis issued Executive Order 22-253, declaring a state of emergency for several counties within the State of Florida in response to Subtropical Storm Nicole for the entire State of Florida; and WHEREAS, pursuant to Section 18-2 of the City Code of the City of Cape Canaveral, Florida, the City Council shall have the right to declare a civil emergency by resolution; and WHEREAS, the City Council finds that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED AND DECLARED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, UNDER SECTION 18-2 OF THE CITY CODE, that Tropical Storm Nicole 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 at 8:00 a.m. on November 9. 2022 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 hereby authorizes 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 City of Cape Canaveral Resolution No. 2022-31 Page 1 of 4 welfare and the best interests of the City of Cape Canaveral, which include the authority and powers to: 1. CONTRACTS; EQUIPMENT, SUPPLIES. Appropriate and expend 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 City of Cape Canaveral Resolution No. 2022-31 Page 2 of 4 7. DURATION OF DECLARATION. Pursuant to Section 18-4 of the City Code, this declaration of civil emergency shall commence at 8:00 a.m. on November 9, 2022, and shall terminate when the declaration has been rescinded or terminated by resolution of the City Council or within 7 days, whichever occurs earlier. 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. 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 Resolution shall become effective at 8:00 a.m. on November 9, 2022, following adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Special Meeting of the City Council of the City of Cape Canaveral, Florida, this 8th day of November, 2022. [Signature Page Follows] City of Cape Canaveral Resolution No. 2022-31 Page 3 of 4 Wes Morrison, Mayor ATTEST FOR AGAINST Mia Goforth, Kim Davis Second City Clerk Mickie Kellum x Wes Morrison X Angela Raymond Absent Don Willis Motion Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony Garganese, City Attorney City of Cape Canaveral Resolution No. 2022-31 Page 4 of 4