Res No 124-22-15877RESOLUTION NO. 124-22-15877
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
Hurricane Ian.
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 Chapter 14 of the City's Code of Ordinances, titled "Emergency Management"; and
WHEREAS, the Section 14-5 of Chapter 14 provides for the City Manager or designee to
declare a weather emergency, 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 252.34, F.S., defines the term "political subdivision" as used in
Section 252, et seq., as including municipalities; and
WHEREAS, Section 252.38(3)(a}, Florida Statutes gives authority to political subdivisions,
where the emergency affects only on political subdivision, to request state assistance or invoke
emergency-related mutual-aid assistance by declaring 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 pertaining to: a. Performance of public work and taking whatever prudent action is
necessary to ensure the health, safety, and welfare of the community; b. Entering into
contracts; c. Incurring obligations; d. Employment of permanent and temporary workers; e.
Utilization of volunteer workers; f. Rental of equipment; g. Acquisition and distribution, with
or without compensation, of supplies, materials, and facilities; and h. Appropriation and
expenditure of public funds; and
WHEREAS, Mayor Daniela Levine Cava issued a State of Emergency for Miami-Dade
County on Friday, September 23, 2022, which remains in effect as of the date of this
Declaration, in anticipation of effects from Hurricane Ian; and
WHEREAS, the City Manager on September 27, 2022, found it necessary to declare a
weather state of emergency in order to organize all available City resources to prepare for,
respond to, and recover from all threats to security, safety, and health of the people of South
Miami; and
WHEREAS, the City Manager is authorized 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
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Res. No. 12 4-22-15877
r eq uire s the City Manager to re port to th e Commission, at its ne xt regular ly sched ul ed m ee tin g,
unle ss a specia l meetin g i s ca ll ed ear li er, and co nfirmed th e e mergency dec l ar atio n .
Confirmation of the eme rge ncy declaration must di sclose the r easo ns for, anticipated imp acts
of, actions p ro po sed and taken to mana ge t h e emergency, a nd other pertinent data relatin g to
the emergency r equiring the declaration .
NOW THEREFORE , BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE
CITY OF SOUTH MIAMI, FlORIDA:
Section 1. The City Co mmi ssio n hereby confirms that: (a) a St ate of Emergenc y ha s
existe d since September 27, 20 22 du e to ext reme weather conditions as dec l ared by t h e City
Manager; and (b) the anti cipated impacts of, act i ons proposed a nd taken to manage the
emergency, and other pertinent data relating to the emergency requ iring the declaratio n
and as reported in the recita l s to this Reso lu tion ar e true. Em erge ncy purc has in g powers
shall be relat ed on ly to matters co nc ern in g t he emergency.
Section 3 . Corrections. Conforming language not cha ngi ng the materi al t erms or
t ech nical sc ri ve n e r -type co rrectio ns may be made by the City Attorney for any conformin g
ame ndments to be incorporated into the fin al reso l ution for signature.
Section 4. Severability. If any section claus e, se nte nce, or phrase of this r eso lution i s for
any r eas on held in va li d or unco n sti t uti onal by a court of co mp eten t jurisdiction, the ho ld ing wi l l
n ot affect the va li d i ty of the remaining portions of this reso l uti on.
Section 5. Effective Date. Thi s reso lution wi ll beco me effect ive imm ediately upon
adopt i o n.
PASSED AND ADOPTED this 4t h day of October, 20 22 .
COMM ISS ION VOTE : 5 -0
Mayor Phi l ip s: Yea
Co mmi ss i o ner Harri s: Yea
Comm i ssione r Gi l : Yea
Commissioner Li eb m a n: Yea
Commiss i oner Corey: Yea
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Agenda Item No:4.
City Commission Agenda Item Report
Meeting Date: October 4, 2022
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 Hurricane Ian. 3/5 (City Manager)
Suggested Action:
Attachments:
Reso-_Declaration_of_Emergency_Hurricane_Ian CArev.doc
Weather State of Emergency- Ian- signed.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
NOTICE OF DECLARATION OF
STATE OF EMERGENCY
September 27, 2022
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, Mayor Daniela Levine Cava issued a State of Emergency for Miami-Dade
County on Friday, September 23, 2022, which remains in effect as of the date of this Declaration,
in anticipation of effects from Hurricane Ian; and
WHEREAS, this Notice of Declaration of State of Emergency is issued effective September
27, 2022 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 ; and
WHEREAS, Chapter 14 of the City’s Code of Ordinances au thorizes 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 September 27, 2022.
Signed
Samantha Fraga-Lopez
Deputy City Manager as Designee of Shari Kamali, City Manager
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