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HomeMy WebLinkAbout2004 08 16 Other 4 Date: 081604 The following Resolution was approved on 08/16/04 ~ ri ,-,. .. ,. EMERGENCY ORDINANCE NO. 2004-41 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING EMERGENCY REGULATIONS TO ADDRESS THE AFTERMATH OF HURRICANE CHARLEY; PROHIBITTING PRICE GOUGING AND UNCONSCIONABLE PRICES PER SECTION 501.160, FLORIDA STATUTES; SUSPENDING CERTAIN PROVISIONS OF THE ARBOR ORDINANCE AND EST ABLISHING A TEMPORARY WORK PERMIT REQUIREMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN DISASTER RECOVERY AGREEMENTS BY PIGGY BACKING ON CONTRACTS ENTERED INTO BY SEMINOLE COUNTY; WAIVING COMPETITIVE BIDDING REQUIREMENTS ON CONTRACTS REQUIRED TO CLEAN-UP DEBRIS, RESTORE UTILITIES, AND MAKE EMERGENCY REPAIRS ON PUBLIC PROPERTY; AUTHORIZING THE CITY MANAGER TO ENTER INTO TEMPORARY LEASE AGREEMENTS WITH PROPERTY OWNERS FOR PURPOSES OF CREATING TEMPORARY WASTE REDUCTION SITES AND STAGING AREAS; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, AND A THIRTY DAY EXPIRATION DATE. WHEREAS, the City is granted the authority, under S 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on August 10, 2004, Governor Jeb Bush declared a state of emergency under Executive Order Number 04-182 due to Hurricane Charley; and WHEREAS, on August. 12, 2004, Seminole County also declared a state of local emergency; and WHEREAS, Hurricane Charley caused substantial and extensive damage in the City of Winter Springs including, but not limited to, down trees, loss of electric power, damaged property, and loss of phone service; and WHEREAS, given the substantial and extensive damage caused by Hurricane Charley, the City of Winter Springs must take extraordinary measures to protect the public health, safety, and welfare; and City of Winter Springs Ordinance 2004-41 Page 1 of3 ",\' .... ,it- ,- rei WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter Springs to adopt this Ordinance. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference as legislative findings of the City Commission. Section 2. Price Gouging and Unconscionable Prices. It is hereby declared a violation of the City Code for any person or entity to engage in price gouging or unconscionable pricing regarding the sale or lease of any commodity as set forth in Section 501.160, Florida Statutes. The term commodity is defined in Section 501.160, Florida Statutes and includes, but is not limited to, the sale of goods and services. In addition to any other penalty provided by law, any violation of this section is hereby declared irreversible and irreparable and subject to civil penalty not to exceed $5,000.00. The City Manager is hereby authorized to revoke any occupational license or work permit issued by the City to any person or entity cited by the City or any other government entity for violating the provisions of this section or Section 501.160, Florida Statutes. Upon revocation, said person or entity shall immediately cease and desist operations and the sale or lease of any commodity within the City of Winter Springs. Any revocation decision may be appealed to the City Commission by providing written notice to the City Manager within ten (10) days of the revocation decision by the City Manager. The City Commission shall hear the appeal at the next regularly scheduled city commission meeting and afford due process provided by law. Section 3. Suspension of Certain Arbor Code Provisions. Notwithstanding any contrary provision set forth in Chapter 5, Arbor Ordinance, no permit application or fee is required to remove or trim any tree damaged by Hurricane Charley. Section 4. Disaster Recovery Agreements The City manager is hereby authorized to piggy back on any disaster recovery contract approved by Seminole County for purposes of cleaning up any debris caused by, or resulting from, Hurricane Charley. Section 5. Waiving Competitive Bidding. In order to facilitate and expedite disaster recovery, competitive bidding is hereby waived for all city purchases required to clean-up debris, restore or repair city utilities, and make emergency repairs to public property. The City Manager should, however, attempt to obtain the most competitive pricing available given the circumstances. Section 6. Temporary Leases of Real Property. The City manager is hereby authorized to enter into any temporary lease agreement for real property which is City of Winter Springs Ordinance 2004-41 Page 2 of3 . .;. ...' ~ necessary for creating and operating a temporary waste reduction and staging area to process and remove debris. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance 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 ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter, and shall expire thirty (30) days from the effective date unless sooner repealed by the City Commission. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 16th day of August, 2004. ATTEST: CITY OF WINTER SP~NGS, FLORIDA . ,. Approved as to legal form and sufficiency for the City Winter Springs only: ANTHO A. GARGANESE City Attorney City of Winter Springs Ordinance 2004-41 Page 3 of3