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HomeMy WebLinkAboutResolution 2022-34 Extending the Declaration of Local Civil Emergency - Hurricane Ian (#2) RESOLUTION NO. 2022-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CONFIRMING AND EXTENDING THE DECLARATION OF LOCAL CIVIL EMERGENCY APPROVED BY THE MAYOR ON NOVEMBER 8, 2022, DUE TO ONGOING RECOVERY EFFORTS AS A RESULT OF HURRICANE IAN; PROVIDING FOR THE FUTURE TERMINATION OF THE LOCAL CIVIL EMERGENCY BY THE CITY COMMISSION AT A LATER DATE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, on September 27, 2022, the City Commission of the City of Winter Springs enacted Resolution, No. 2022-26, declaring a State of Civil Emergency for the City of. Winter Springs due.fo'the effects of Hurricane Ian, pursuant to Sections 4.05 and 4.06of the City. Charter and Section 2-255 of the City Code. Resolution No. 2022-26 provides that a State of Local Emergency may declared by the City and that each State of Local Emergency shall last for 7-days, subject to renewal; and WHEREAS, pursuant to Section 4.05 of the City Charter and Section 2-255 of the City Code, Mayor Kevin McCann, in consultation with City Staff, issued a Declaration of Local Emergency due to the lingering effects of Hurricane Ian on November 8, 2022; and WHEREAS, the City Commission hereby finds that the City remains in a state of emergency due to the fact that, in conjunction with other local, state, and federal agencies, the City is still in the process of implementing the City's emergency management plan and recovering from the aftermath of Hurricane Ian; and WHEREAS, on September 22, 2022, Governor Ron DeSantis issued Executive Order 2- 21 E 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, Section 252.38(3), Florida Statutes, provides authority for political subdivisions such as the City of Winter Springs to declare a state of local emergency and to exercise ce Hain powers and authority to safeguard the lives and property of its citizens; and WHEREAS, pursuant to Section 2-255 of the City Code, the City Commission finds that it is necessary to confirm and extend the State of Local Emergency approved by the Mayor; and City of Winter Springs Resolution No. 2022-34 Page 1 of 3 WHEREAS, the State of Local Emergency is required to quickly and effectively repair the City's bridges and other critical infrastructure which was damaged by Hurricane Ian; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER SPRINGS,FLORIDA,AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Confirming and Extending Declaration of Local Civil Emergency; Emergency Powers. Pursuant to Section 2-255 of the City Code, the City Commission hereby confirms and extends a State of Local Civil Emergency approved by the Mayor on November 8, 2022, due to the lingering effects of Hurricane Ian. An executed copy of the Declaration of Local Emergency is attached to this Resolution and fully approved by the City Commission and incorporated herein by this reference. Hurricane Ian resulted in an enormous amount of property destruction, including damage to crucial portions of the City's infrastructure. This damage continues to cause an increased strain on the City's resources and continues to cause adverse effects to the citizens of Winter Springs. Therefore, upon execution of this Resolution, a State of Local Emergency is continued and extended for all the territory within the legal boundaries of the City of Winter Springs for a period of an additional 7 days, subject to renewal for additional 7-day periods, until such time as emergency conditions are no longer present in the City. Section 3. Notice to the Public. Pursuant to Section 2-255(f) of the City Code, when practicable, the City Manager shall continue to cause the written notice of this Resolution 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 telninated. Section 4. Terminatioai of Declaration of Civil Emergency. The Declaration of Local Emergency shall remain in effect within the jurisdictional limits of the City of Winter Springs until terminated by the City Commission by Resolution or for a duration of seven (7) days until November 15, 2022,whichever is earlier. Section 5. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of City of Winter Springs Resolution No. 2022-34 Page 2 of 3 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 7. Effective Date.This Resolution shall take effect on November 14, 2022 following adoption by the City Commission. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 14th day of November, 2022. KEVIN McCANN, Mayor ATTEST: CHRISTIAN GOWAN, City Clerk rg�R�_ : ►L Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2022-34 Page 3 of 3