HomeMy WebLinkAboutResolution 2024-28 Termination of the Local Emergency for Hurricane HeleneRESOLUTION N0.2024-28
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CONFIRMING
THE DECLARATION OF LOCAL EMERGENCY APPROVED BY THE
MAYOR ON SEPTEMBER 25, 2024 IN ANTICIPATION OF HURRICANE
HELENE; PROVIDING FOR THE TERMINATION OF THE LOCAL
EMERGENCY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, under Section 2(b), Article VIII of the State Constitution, the City is granted
the authority to exercise any power for municipal purposes, except where expressly prohibited by
law; and
WHEREAS, pursuant to Sections 4.05 and 4.06 of the City Charter, Section 2-255 of the
City Code, and Section 252.38(3) of the Florida Statutes, the City Commission has the final
authority to declare and terminate a state of local civil emergency within the jurisdictional limits
of the city of Winter Springs; and
WHEREAS, the City Commission acknowledges that on September 25, 2024, the Mayor,
exercising his authority under Section 4.05 of the City Charter and Section 2-255 of the City Code,
declared a local civil emergency in anticipation of potential threats to life and property in the City
of Winter Springs due to Hurricane Helene; and
WHEREAS, although Hurricane Helene caused significant damage elsewhere in Florida
and parts of the southeastern United States, the City Commission recognizes and affirms that the
Mayor's Declaration of Local Emergency, dated September 25, 2024, is no longer necessary, and
has therefore expired on October 2, 2024, in accordance with the seven (7) day durational
requirement outlined in Section 252.38(3)(a) of the Florida Statutes; and
WHEREAS, the City Commission deems 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 DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
fully incorporated herein by this reference.
Section 2. Declaration of Local Emergency. The City Commission hereby ratifies and
affirms the Mayor's Declaration of Local Emergency, dated September 25, 2024. The Declaration
Resolution No. 2024-28
City of Winter Springs
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of Local Emergency was automatically terminated seven days after it took effect on October 2,
2024 because it was no longer necessary and the City Commission finds no reason to renew it.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, 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 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon its
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on this 14th day of October, 2024,
ATTEST:
Christian D. Gowan, City Clerk
Kevin McCann, Mayor
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
Resolution No. 2024-28
City of Winter Springs
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