HomeMy WebLinkAboutResolution 2024-43 Extending the Declaration of Local Civil Emergency - Hurricane Milton (#3)RESOLUTION NO. 2024-43
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, EXTENDING THE DECLARATION
OF LOCAL CIVIL EMERGENCY SET FORTH IN RESOLUTION 2024-
29 RELATED TO HURRICANE MILTON DUE TO ONGOING
RECOVERY EFFORTS AS A RESULT OF HURRICANE MILTON AS
AMENDED TO REPEAL SECTION 2, SUBSECTION 5 OF THE
MAYOR'S DECLARATION REGARDING THE WAIVER OF
PROCEDURES AND FORMALITIES OF CERTAIN ENUMERATED
CITY FUNCTIONS; 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, the City Commission adopted Resolution No. 2024-29 affirming and declaring
a local civil emergency declared bythe Mayor related to Hurricane Milton and later extending
the Declaration by Resolution No. 2024-32 and Resolution No. 2024-36; and
WHEREAS, the City Commission finds that the City of Winter Springs is still engaged
in ongoing recovery efforts as a result of Hurricane Milton, and therefore, the City Commission
desires to continue the declaration of local emergency in order to continue relief efforts`in
accordance with the powers vested in the City Commission under Section 4.05 of the City
Charter and Section 2-255 of the City Code; and
WHEREAS the CityCommission herebyfindsthatthe Cityremains in a state ofemergency
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
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 herebyfully
incorporated herein by this reference as part of this Resolution.
City of Winter Springs
Resolution No. 2024-43
Page 1 of 3
Section I Extending Declaration of Local Civil Emergency As Amended;
Emergency Powers. Pursuant to Section 2-255 of the City Code, the City Commission hereby
retroactively extends the declaration of civil emergency due to lingering effects of Hurricane
Milton from 12:00 am November 27, 2024 to 11:59 December 9, 2024. The City Commission
further extendsthe declaration of civil emergencyfrom 12:00 am December 10, 2024 to 11:59
December 17, 2024, with the exception that Section 2, subsection 5. of the Mayor's Declaration
regarding the waiver of procedures and formalities is hereby repealed and the City will resume
normal procedures and formalities regarding the items enumerated in subsection 5. 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 bythe 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 %J 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 October 14, 2024
following adoption by the City Commission.
City of Winter Springs
Resolution No. 2024-43
Page 2 of 3
RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting
assembled on the 9th day of December, 2024.
r ��--
KEVIN McCANN, Mayor
ATTEST:
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
HONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2024-43
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