Res No 120-19-15392RESOLUTION NO.12 0 -19 -15 3 9 2
A Resolution of the Mayor and City Commission of the City of South Miami
confirming the City Manager's Termination of the Hurricane Dorian State of
Emergency.
WHEREAS, pursuant to municipal home rule powers to prepare for and respond
to weather and other emergencies, the Mayor and City Commission of the City of South
Miami enacted Ordinance no. 11-93-1539, entitled "Emergency Management; and
WHEREAS, the Emergency Management ordinance provides for the City Manager or
designee to recommend a declaration of a weather emergency pursuant to sections 14-5 and
14-12, and upon such declaration, to exercise powers relating to evacuation; curfew and
designation of restricted areas; suspension or regulation of the sale of alcoholic beverages;
prohibition on price gouging; water use restrictions; suspension of local building regulations;
regulation of the use and rationing of fuel, ice and other essential goods; and emergency
procurement procedures; and
WHEREAS, the City Manager on August 30, 2019, found that it was necessary to
declare a weather emergency and to organize all available City resources to prepare for,
respond to and recover from all threats to the security, safety and health of the people of South
Miami; and
WHEREAS, Section 14-6 of the City's Code of Ordinances provides:
A state of emergency shall be terminated by a vote of the city commission if practicable
or upon the certification of the person who originally requested the declaration of the
state of emergency, that the conditions leading to or causing the emergency no longer
exist and the city's agencies and departments are able to manage the situation without
extraordinary assistance; provided that a state of emergency established under Florida
Statutes section 870.041 et seq., shall terminate at the end of a period of 72 consecutive
hours after the declaration of the emergency, unless, prior to the end of the 72-hour
period, the public official calling for a declaration of emergency or the city commission
has terminated such state of emergency. Any extension of the 72-hour time limit must
be accomplished by a request from the public official and concurrence of the city
commission by duly enacted resolution. Notice of termination of the emergency
declaration shall be made to the public by the city manager by the same means as the
notice of the declaration of the state of emergency.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby confirms that the state of emergency that was
declared on August 30, 2019 has terminated.
Page 1 of 2
Resolution No. 120-19-15392
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 17`h day of September, 2019.
ATTEST: APPROVED-
CITY�4���
ERK MA'/OR
READ AND 6PPJ2OVED AS TO FORM,
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris:
Commissioner Welsh:
Yea
Commissioner Gil:
Yea
Yea
Commissioner Liebman:
Yea
Page 2 of 2
Agenda ftem No:5.
City Commission Agenda Item Report
Meeting Date: September 17, 2019
Submitted by: Thomas Pepe
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami confirming the City Manager's
Termination of the Hurricane Dorian State of Emergency. 315 (City Manager)
Suggested Action:
Attachments:
Resolution confirm Termiation of Hurricane Dorian state of emerg.docx