HomeMy WebLinkAbout2023 01 23 Consent 300 - Resolution No. 2023-05 Extending the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery • CONSENT AGENDA ITEM 300
,n m=ared CITY COMMISSION AGENDA I JANUARY 23, 2023 REGULAR MEETING
1959
TITLE
Resolution No. 2023-05 Extending the Declaration of Local Emergency related
to Ongoing Hurricane Ian Recovery
SUMMARY
Since Mayor McCann signed a Declaration of Local Emergency on November
8, 2022 related to Hurricane Ian pursuant to Section 4.05, City Charter and
Section 2-255, City Code, the City Commission has maintained the declaration
of emergency in effect in increments of seven (7) days to facilitate the City's
ongoing recovery efforts. The proposed resolution retroactively extends the
declaration of emergency through January 23, 2023.
RECOMMENDATION
Staff recommends the City Commission consider and approve Resolution
2023-05 extending the Declaration of Local Emergency related to Ongoing
Hurricane Ian Recovery.
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RESOLUTION NO. 2023-05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS,FLORIDA,EXTENDING THE
DECLARATION OF LOCAL CIVIL EMERGENCY 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 to the effects of Hurricane Ian, pursuant to Sections 4.05 and 4.06 of the City Charter
and Section 2-255 of the City Code; 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, which expired on
November 15, 2022 ; and
WHEREAS, on November 14, 2022, the City Commission enacted Resolution No. 2022-
34, which confirmed the Mayor's Declaration of Local Emergency and extended the state of local
civil emergency for a period of an additional seven(7)days,which expired on November 22,2022,
but contained a scrivener's error stating that it expired on November 15, 2022; and
WHEREAS, on December 12, 2022, the City Commission enacted Resolution 2022-36
and retroactively extended the state of local civil emergency from November 22, 2022 to
November 29, 2022; from November 29, 2022 to December 6, 2022; and from December 6, 2022
to December 12, 2022; and again extended the state of local civil emergency from December 12,
2022 to December 19, 2022; and
WHEREAS, on December 19, 2022, the City Commission enacted Resolution 2022-37
and extended the state of local civil emergency to December 26, 2022; and
WHEREAS, on January 9, 2023, the City Commission enacted Resolution 2023-01 and
retroactively extended the state of local civil emergency from December 26, 2022 to January 2,
2023; and from January 2, 2023 to January 9, 2023; and again extended the state of local civil
emergency from January 9, 2023 to January 16, 2023; 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
City of Winter Springs
Resolution No.2023-05
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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-
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,which was again extended by Executive Order 22-268. The
Governor's state of emergency remains in effect for Seminole County, Florida, and shall remain
in effect until January 20, 2023, 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 certain powers and authority to safeguard the lives and property of its citizens; and
WHEREAS, the State of Local Emergency is required to quickly and effectively repair
the City's bridges and other critical infrastructure which were 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. Extending Declaration of Local Civil Emergency; Emergency Powers.
Pursuant to Section 2-255 of the City Code, the City Commission hereby retroactively
extends the state of local civil emergency for all the territory within the legal boundaries of the
City of Winter Springs from January 16, 2023 to January 23, 2023, due to the lingering effects of
Hurricane Ian. In addition,upon execution of this Resolution,the state of local civil 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, from January 23, 2023 to January 30, 2023, subject
to renewal for additional 7-day periods, until such time as emergency conditions are no longer
present in the City. 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.
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 terminated.
City of Winter Springs
Resolution No.2023-05
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Section 4. Termination 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 January
30, 2023,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
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 January 23, 2023,
following adoption by the City Commission.
RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting
assembled on the 23rd day of January, 2023.
KEVIN McCANN,Mayor
ATTEST:
CHRISTIAN GOWAN,City Clerk
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.2023-05
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