HomeMy WebLinkAboutDeclaration of Civil Emergency (Hurricane Irma) - 2017 09 08 BY ORDER OF THE DEPUTY MAYOR OF CITY OF WINTER SPRINGS
DECLARATION OF CIVIL EMERGENCY
WHEREAS, Hurricane Irma has the potential for causing extensive
damage to life and properties within all cities and municipalities within the
geographic area of the City of Winter Springs and poses an immediate threat;
and
WHEREAS, on Monday, September 4, 2017, Governor Rick Scott issued
Executive Order 17-235, declaring a State of Emergency in all 67 Counties within
the State of Florida in response to Hurricane Irma; and
WHEREAS, Hurricane Irma 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 Winter Springs 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, 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 civil
emergency provided the declaration is in writing in the event the City
Commission cannot be convened a meeting in a timely manner to address the
civil emergency; and
WHEREAS, Section 4.05 of the City Charter provides that the Deputy
Mayor shall act as Mayor in the Mayor's absence; and
WHEREAS, Mayor Charles Lacey is currently out of the country and
unavailable and therefore, as Deputy Mayor, I am authorized by City Charter to
act as Mayor and by Section 2-255(a) to issue this Declaration.
NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER
VESTED IN ME, AS DEPUTY 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 Hurricane Irma poses a serious threat to the lives
and property of the residents of the City of Winter Springs and that a state of
local emergency is declared effective this 8th day of September, 2017 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.
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SECTION 2. As Deputy Mayor acting pursuant to Section 4.05 of
the City Charter and Section 2-255(a) of the City Code, I hereby authorize the
City to exercise its authority and powers pursuant to Florida Statutes
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 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
authority and 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 appoint, employ, remove, or provide, with or without compensation,
coordinators, rescue teams, fire and police personnel, and other emergency
management workers.
4. To 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.
5. 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.
6. To request assistance from the State or Seminole County or assistance from
other municipalities or invoke 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.
7. To waive the procedures and formalities otherwise required of the City
pertaining to:
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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.
8. 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 Irma
within the jurisdictional limits of the City of Winter Springs, Florida.
SECTION 3. 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. 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 S. 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 until terminated by the undersigned or the City
Commission in writing.
SECTION 7. Notice to the City Commission.The City Clerk 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
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first, unless the nature of the emergency renders a meeting of the City
Commission extremely impractical.
DECLARED by the.Deputy Mayor of the City Commission of the City of
Winter Springs, Florida, this 8th day of September, 2017.
Pam Carroll,Deputy Mayor
ATTEST(City Seal):
z
�nJa Lorenzo maces,
City Clerk
Approved as to legal form and sufficiency for
the City of inter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
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