HomeMy WebLinkAbout2022 11 08 Declaration of Local Emergency - Hurricane Ian Recovery BY ORDER OF THE MAYOR OF THE CITY OF WINTER SPRINGS
DECLARATION OF LOCAL EMERGENCY
HURRICANE IAN RECOVERY
WHEREAS,Hurricane Ian has caused extensive damage within the geographic area of the
City of Winter Springs, including extensive damage to bridges and other critical City
infrastructure, which poses an immediate threat to the public health, safety, and welfare of the
residents of Winter Springs;
WHEREAS, on September 22,2022, Governor Ron DeSantis issued Executive Order 22-
218 declaring a state of emergency for several counties within the State of Florida in response to
Hurricane Ian, and said Executive Order was expanded on September 24,2022, for the entire state
of Florida via Executive Order 22-219. The Governor's state of emergency remains in effect for
Seminole County, Florida, and shall remain in effect until November 22, 2022, unless further
extended; and
WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for a political
subdivision such as the City of Winter Springs to declare a state of local emergency to exercise
certain powers and authority to safeguard lives and property of its citizens; and
WHEREAS,the City of Winter Springs is still in the midst of recovering from the damage
caused by Hurricane Ian and will need to engage in emergency procurement of construction
services to repair roads and bridges within the City; and
WHEREAS, pursuant to Section 2-255 of the City Code of the City of Winter Springs,
Florida,the Mayor shall have the right to declare a local civil emergency provided the declaration
is in writing in the event the City Commission cannot be convened at a meeting in a timely manner
to address the local civil emergency.
NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IN
ME, AS MAYOR OF THE CITY OF WINTER SPRINGS, FLORIDA, UNDER SECTION
4.05 OF THE CITY CHARTER AND SECTION 2-255 OF THE CITY CODE, that the
damage caused by Hurricane Ian continues to pose a serious threat to the lives and safety of the
residents of the City of Winter Springs and that a state of local emergency is declared effective
upon execution of this Declaration by the undersigned Mayor for all the territory within the legal
boundaries of the City of Winter Springs,
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. Declaration. As Mayor acting pursuant to Section 4.05 of the City Charter
and Section 2-255 of the City Code,l hereby authorize the City to exercise its authority and powers
pursuant to Florida Statutes section 252.38(3)(a) and Chapter 2, Article VII,of the City Code, and
under the direction of the City Manager (or acting City Manager in the absence of the City
City of Winter Springs
Declaration of Emergency
Hurricane Ian Recovery
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Manager) and police chief to the extent necessary to protect the public health, safety, and welfare
and the best interests of the City of Winter Springs, which include the powers to take whatever
steps are necessary pursuant to the authority granted under Chapter 2,Article VII,of the City Code
and Section 252.38(3)(a), Florida Statutes, to protect the public health, safety, and welfare
including, but not limited to;
1. To implement the City's emergency management plan to the extent deemed necessary
to protect the public health, safety and welfare within the City.
2. To 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 emergency; and direct
and coordinate the development of emergency management plans and programs in accordance with
the policies and plans set by the federal and state emergency management agencies.
3. To assign and make available for duty the offices and agencies of the City, including
the employees, property, or 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 for
employment within or outside the political limits of the City.
4. To request assistance from the State or Seminole County or assistance from other
municipalities or invoice emergency-related mutual-aid assistance by declaring a state of local
emergency in the event of an emergency affecting the City of Winter Springs. The duration of each
state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day
increments.
5. To waive the procedures and formalities otherwise required of the City pertaining to;
a. Performance of public work and taking whatever prudent action is 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.
6. The City shall have the power and authority to enforce all executive emergency orders
promulgated by the federal,state and Seminole County Government(including the Seminole County
Sheriff)related to Hurricane Ian within the jurisdictional limits of the City of Winter Springs,Florida.
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Hurricane Ian Recovery
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Section 3. Duty of Officials and Employees. All public officials and employees of
the City of Winter Springs 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. Duty of Citizens. 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 and shall remain in effect for seven(7)
days or until terminated by the undersigned or the City Commission in writing.
Section 7. Notice to the City Commission. The City Cleric or City Manager is
hereby directed to provide a copy of this declaration to all members of the City Commission, City
Manager, City Attorney, City Department Directors, and other appropriate government officials.
This declaration of a state of emergency and all emergency regulations and actions activated under
the provisions of Chapter 2,Article VII, City Code shall be confirmed by the City Commission by
resolution within five (5) working days of such declaration or at the next regularly scheduled
meeting of the City Commission, whichever occurs first, unless the nature of the emergency
renders a meeting of the City Commission extremely impractical.
Section 8. Notice to the Public. Pursuant to Section 2-255(f) of the City Code, the
City Manager is hereby directed to post a written notice of this Declaration upon the main bulletin
board in the city hall, and shall notify by telephone not less than two (2) newspapers of general
circulation within the city, at least three (3) television stations and at least three (3) radio stations
broadcasting in Seminole County. When practicable,the City Manager shall also cause the written
notice to be published, in its entirety, at least one (1) day each week in a newspaper of general
circulation in the city until the state of emergency is declared to be terminated.
DECLARE, by the Mayor of the City of Winter Springs, Florida, this Rh
Eday of
November,2022.
Kevin McCann, Mayor
City of Winter Springs
Declaration of Emergency
Hurricane Ian Recovery
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ATTEST:
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Christian Gowan,City Cleric
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Approved as to legal form and sufficiency c� • h
for the City of Winter Springs only:
Anthony Garganese, City Attorney
City of Winter Springs
Declaration of Emergency
Hurricane Ian Recovery
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