HomeMy WebLinkAboutcocc_resolution_no_2024-16_20241007RESOLUTION NO. 2024-16
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, DECLARING A STATE OF EMERGENCY
DUE TO IMPENDING DISASTER CONDITIONS
AND THE POTENTIAL OF HURRICANE MILTON
TO CAUSE EXTENSIVE DAMAGE TO LIFE AND
PROPERTY WITHIN THE CITY OF CAPE
CANAVERAL; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 5, 2024, Governor. Ron DeSantis issued
Executive Order 24-214, declaring a state of emergency for several counties
within the State of Florid, in response to Tropical Storm i" `iiUton; and
WHEREAS, on October 6, 2024, Governor Ron DeSantis issued
Executive Order 24-215, amending Executive Order 24-214 to include additional
counties to the list of affected counties; and
WHEREAS, since the initial executive orders issued by the Governor,
Tropical Storm Milton has increased in intensity to a hurricane and has the
potential for c*:using extensive damage to life and properties within all cities and
municip lities within the geographic area of the City of Cape Canaveral and
poses an immediate threat; and
WHEREAS, Hurricane Milton has the potential for causing extensive
damage to public utilities„ public buildings, public streets and rods, public
drainage systems, commercial and residential building and areas; and
WHEREAS, Chapter 252.38(3)(a), Florida Statutes, and Chapter 18 of the
City Code, prwvide uthority 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 Milton 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 upon
approval of this Resolution by the City Council 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.
City of Cape Canaveral Resolution No. 2024-16
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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), 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
IPrimary 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, heaith,
medical and related services, poiice, transportation, consti ction, 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 or state 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. The duration of each state of emergency declared locally is
limited to seven (7) days, which may be extended, as necessary, in up to
seven (7) day increments.
6. WAIVER OF PROCEDURES: To waive the pr cedures 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
City of Cape Canaveral Resolution No. 2024-16
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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 Ow nce 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 necess ry emergency measures, to cooperat:- 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. Duration. The State f Emergency shall be effective
and commence at 8:00 a.m. on October 9, 2024, or sooner if conditions worsen,
and as jointly authorized by the Mayor and City Manager pursuant to the
emergency declaration authority vested in them under Chapter 18, City Code,
and this Resolution. If declared sooner by the Mayor and City Manager, the City
Manager shall immediately notify the City Council, City Attor mey, City Clerk and
department directors by email. The declaration of emergency shall terminate
when rescinded or terminated by Resolution of the City Council or within seven
(7) days of the commencement of the declaration of emergency, whichever
occurs earlier The City Council may renew this Resolution and extend the
duration of the declaration of emergency by majority v te in increments of up to
seven (7) days, either retroactively or going forward
SECTION 6. Repeal of Prior Inconsistent Resolutions. All prior
res lutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of that conflict.
SECTION 7. Severability. If any sectio subsectisn, sentence,
clause, phras , 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 8. Effective Date. This resolution shall become
effective mediately upon adoption by the City Council of the City of Cape
Canaveral, Florida.
[Adoption Page Follows]
City of Cape Canaveral Resolution No, 2024-16
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a
regular meeting assembled this 7th day of October, 2024.
Wes Morrison, Mayor
ATTEST:
Mia Goforth, City Clerk
Approved as to fom and legal suffidency
For the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
NAME FOR AGAINST
Kim Davis Second
Kay Jackson x
Mickie Kellum x
Wes Morrison x
Don Willis Motion
City of Cape Canaveral Resolution No. 2024-16
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SEAL OF CAPE CANAVERAL, FLORIDA