Res No 165-20-15605RESOLUTION NO.165-20-15605
A Resolution of the Mayor and City Commission of the City of South Miami
confirming the City Manager's Declaration of a State of Emergency due to
Tropical Storm Eta.
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, Section 252.38(3)(a), Florida Statutes gives authority to political subdivisions,
including municipalities, to declare and enact a State of local Emergency for a period of up to
seven (7) days including unlimited extensions of additional seven (7) day periods, and waiving
the procedures and formalities otherwise required of the political subdivision by law; and
WHEREAS, the State of Florida remains under a State of Emergency declared by the
Governor on November 7, 2020 in anticipation of Tropical Storm Eta and the possibility it
develops into a hurricane; and
WHEREAS, the City Manager on November 8, 2020, found it necessary to declare a
weather emergency in order 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,
WHEREAS, the City Manager is authorized and directed to exercise all necessary and
appropriate powers under the City's Emergency Management Ordinance to accomplish emergency
management during the duration of this emergency. The Emergency Management Ordinance requires
the City Manager to report to the Commission, at its next regularly scheduled meeting, unless a special
meeting is called earlier, of her preliminary assessment of the damage caused by the storm, all actions
taken in response to the emergency, the effectiveness of the emergency management structure, the
estimated cost of the response, further actions which may be required, contracts which must be
reviewed and ratified by the Commission and any emergency budget appropriations which may be
requested.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Pagel of 2
Res. No. 165-20-15605
Section 1. The City Commission hereby confirms that a state of Emergency has existed
since November 8, 2020 as declared by the City Manager. Emergency purchasing powers shall
be related only to matters concerning the emergency.
Section 2. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 3. 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
enactment.
PASSED AND ADOPTED this 17`h day of November, 2020.
ATTEST: APPROVED:
�� YO
CITY 0LERK "MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Philips:
EXECUTION THEREOF
1
CIT ATTORNEY
Vice Mayor Welsh:
Commissioner Hams:
Commissioner Liebman:
Commissioner Gil:
5-0
Yea
Yea
Yea
Yea
Yea
Page 2 of 2
Agenda hem No:8.
City Commission Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Samantha Fraga-Lopez
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
Declaration of a State of Emergency due to Tropical Storm Eta. 3/5 (City Manager)
Suggested Action:
Attachments:
Reso Declaration of Emergency Eta.doc
Notice of Declaration of State of Emergency Nov 8 2020.pdf
I"
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
NOTICE OF DECLARATION OF
STATE OF EMERGENCY
November 8, 2020
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
cesignee 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, Section 252.38(3)(a), Florida Statutes gives authority to political subdivisions,
including municipalities, to declare and enact a State of Local Emergency for a period of up to
seven (7) days including unlimited extensions of additional seven (7) day periods, and waiving
the procedures and formalities otherwise required of the political subdivision by law; and
WHEREAS, the State of Florida remains under a State of Emergency declared by the
Governor on November 7, 2020 in anticipation of Tropical Storm Eta and the possibility it
develops into a hurricane; and
WHEREAS, this Notice of Declaration of State of Emergency is issued effective November
8, 2020 in order 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,
WHEREAS, Chapter 14 of the City's Code of Ordinances authorizes the City Manager to
continue the state of emergency until the Manager declares it to be terminated.
NOW THEREFORE BE IT DECLARED BY THE CITY MANAGER OF THE CITY OF SOUTH
MIAMI, FLORIDA, THAT:
Section 1. The City Manager declares a weather emergency as of November 8, 2020.
Signed
Shari Karnali
City Manager
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