HomeMy WebLinkAboutResolution 2024-29 Affirming and Extending the Declaration of Local Civil Emergency for Hurricane MiltonRESOLUTION NO. 2024-29
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, AFFIRMING THE MAYOR'S
DECLARATION OF LOCAL CIVIL EMERGENCY RELATED TO
HURRICANE MILTON AND EXTENDING THE DECLARATION
DUE TO ONGOING RECOVERY EFFORTS AS A RESULT OF
HURRICANE MILTON, PROVIDING FOR THE FUTURE
EXTENSIONS AND 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, Hurricane Milton caused significant damage to properties within the
geographic area of the City of Winter Springs on or about October 9 and 10, 2024; and
WHEREAS, the Honorable Ron DeSantis, Governor of the State of Florida, issued
Executive Order 24-214 on October 5, 2024, as amended by Executive Order 24-215, declaring
a state of emergency for several counties in Florida due to the dangers presented by Hurricane
Milton which included Seminole County; and
WHEREAS, Seminole County declared a local state of emergency by Executive Order
No. 2024-007 related to Hurricane Milton on October 6, 2024, as extended by Executive Order
No. 2024-009 on October 11, 2024; and
WHEREAS, Section 252.38(3), Florida Statutes, provides authority for local governments
such as the City of Winter Springs to declare a local state of emergency and to take actions in
emergency situations such as waiving the procedures and formalities otherwise required of
political subdivisions by State law; and
WHEREAS, pursuant to Section 4.05 of the City Charter and Section 2-255 of the City Code
of Winter Springs, the Mayor issued a local civil emergency due to Hurricane Milton on October
8, 2024, addressing matters relating to emergencies, including taking whatever prudent action is
necessary to ensure the health, safety, and welfare of the community; and
WHEREAS, the City Commission desires to affirm and extend the local civil emergency
declared by the Mayor in accordance with Section 2-255 of the City Code; 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 Is emergency management plan and recovering from the
aftermath of Hurricane Milton; and
City of Winter Springs
Resolution No. 2024-29
Page 1 of 3
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. Affirming and Extending Declaration of Local Civil Emergency;
Emergency Powers. Pursuant to Section 2-255 of the City Code, the City Commission hereby
affirms the state of local emergency issued by the Mayor related to Hurricane Milton through
11:59 pm October 14, 2024, and further extends the state of local civil emergency for all the
territory within the legal boundaries of the City of Winter Springs from 12:00 AM October 15, 2024
to 11:59 PM October 22, 2024, due to the lingering effects of Hurricane Milton. In addition, upon
execution of this Resolution, the state of local civil emergency may be extended, retroactively or
prospectively, for all the territory within the legal boundaries of the City of Winter Springs for
additional increments of time not to exceed seven (7) days, 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 terminated.
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 upon expiration of any renewal period and no
subsequent renewal action taken by the City Commission at its next available public meeting
following the expiration, 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
City of Winter Springs
Resolution No. 2024-29
Page 2 of 3
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 October 14, 2024
following adoption by the City Commission.
RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting
assembled on the 14t" day of October, 2024.
!We 27 K�r�,
KEVIN McCANN, Mayor
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. 2024-29
Page 3 of 3
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