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Home My WebLink About2024 10 14 Consent 303 - Resolution 2024-28; Ratification of Declaration of Local Emergency related to Hurricane HeleneCONSENT AGENDA ITEM 303 CITY COMMISSION AGENDA | OCTOBER 14, 2024 REGULAR MEETING TITLE Approval of Resolution 2024-28: Ratification of Declaration of Local Emergency related to Hurricane Helene SUMMARY Mayor McCann signed a Declaration of Local Emergency on September 25, 2024 pursuant to Section 4.05, City Charter and Section 2-255, City Code. The declaration of emergency was related to Hurricane Helene and became effective immediately upon execution and remains in effect for seven (7) days or until terminated by the signatory or City Commission. There is no longer a need for the declaration of local emergency. This declaration of a state of emergency activated under Chapter 2, Article VII, City Code must come before the City Commission to be confirmed within five (5) working days of such a declaration or at the next regularly scheduled meeting of the City Commission. The purpose of the Resolution is to ratify and affirm the Mayor's declaration of local emergency related to Hurricane Helene and recognize there is no reason to renew it. Therefore, the declaration of emergency approved by the Mayor automatically terminated on October 2, 2024 pursuant to the seven day durational limit under Florida Statutes. FUNDING SOURCE RECOMMENDATION Staff recommends the Commission approve Resolution 2024-28 ratifying the Declaration of Local Emergency declared by Mayor Kevin McCann on September 25, 2024 and ending October 2, 2024. 170 City of Winter Springs Declaration of Emergency Hurricane Helene Page I of 4 BY ORDER OF THE MAYOR OF THE CITY OF WINTER SPRINGS DECLARATION OF LOCAL EMERGENCY WHEREAS, Hurricane Helene 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 September 23, 2024, Governor Ron DeSantis issued Executive Order 24- 208 declaring a state of emergency for several counties within the State of Florida in response to Hurricane Helene, and said Executive Order was expanded on September 24, 2024, for the entire state of Florida via Executive Order 24-209. The Governor's state of emergency remains in effect for Seminole County, Florida, and shall remain in effect until November 22, 2024, unless further extended; and WHEREAS, Hurricane Helene has the potential for causing extensive damage to public utilities, public buildings, public streets and roads, public drainage systems, commercial and residential buildings 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 to exercise certain powers and authority to safeguard lives and proper ty 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 local civil emergency provided the declaration is in writing in the event the City Commission cannot be convened at a meeting in a timely manner to address the local civil emergency. NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IN ME, AS MAYOR OF THE CITY OF WINTER SPRINGS, FLORIDA, UNDER SECTION 4.5 OF THE CITY CHARTER AND SECTION 2-255 OF THE CITY CODE, that Hurricane Helene 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 upon execution of this Declaration by the undersigned Mayor 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. Section 2. Declaration. As Mayor acting pursuant to Section 4.05 of the City Charter and Section 2-255 of the City Code, I hereby authorize the City to exercise its authority and powers pursuant to Florida Statutes section 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 171 172 173 174 Resolution No. 2024-28 City of Winter Springs Page 1 of 2 RESOLUTION NO. 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 duration al 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 175 Resolution No. 2024-28 City of Winter Springs Page 2 of 2 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. ______________________________ Kevin McCann, Mayor ATTEST: ________________________________ Christian D. Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: __________________________________ Anthony A. Garganese, City Attorney 176