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08-30-05 Special Budget Workshop Item 1To: From: South Miami Honorable Mayor, Vice Mayor Date: August 30, 2005 and City Commission Maria V. Davis 1)46 1 F City Manager 4 ORDINANCE Subject: Agenda Item # Special Commission Meeting 08/30/05 Re: Declaring a Weather Emergency AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING A WEATHER EMERGENCY PURSUANT TO SECTIONS 14.05 AND 14.12 OF ORDINANCE NO. 11 -93 -1539; GIVING THE CITY MANAGER THE NECESSARY AUTHORITY AND DIRECTING HER TO TAKE ALL NECESSARY AND APPROPRIATE ACTIONS TO PREPARE FOR AND RESPOND TO HURRICANE KATRINA; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS On August 25, 2005, Hurricane Katrina was classified as a category I hurricane and the National Hurricane Center declared a hurricane warning for the entire southeastern coast of the State of Florida. The State of Florida was placed under a State of Emergency declared by the Governor in anticipation The City's Emergency Management ordinance provides for the City Manager to recommend a declaration of a weather emergency pursuant to sections 14.05 and 14.12, and upon such declaration, to exercise powers relating to the protection of the City and its residents, including evacuation; suspension of local building regulations; regulation of the use and rationing of fuel, ice and other essential goods; and emergency procurement procedures. Considering the threat that this hurricane presented to the City of South Miami, the City Manager felt it prudent to exercise the provisions of the Emergency Management ordinance and recommends that the Commission declare a weather emergency beginning on August 25th, 2005. RECOMMENDATION Your approval is recommended. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, DECLARING A WEATHER 5 EMERGENCY PURSUANT TO SECTIONS 14.05 AND 14.12 OF 6 ORDINANCE NO. 11 -93 -1539; GIVING THE CITY MANAGER 'THE 7 NECESSARY AUTHORITY AND DIRECTING HER TO TAKE ALL 8 NECESSARY AND APPROPRIATE ACTIONS TO PREPARE FOR AND 9 RESPOND TO HURRICANE KATRINA; PROVIDING FOR 10 SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT; AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, pursuant to its municipal home rule powers to prepare for and respond to 14 weather and other emergencies, the Mayor and City Commission of the City of South Miami 15 enacted Ordinance no. 11 -93 -1539, entitled "Emergency Management;" and 16 17 WHEREAS, the Emergency Management ordinance provides for the City Manager or 18 her designee to recommend a declaration of a weather emergency pursuant to sections 14.05 and 19 14.12, and upon such declaration, to exercise powers relating to evacuation; curfew and 20 designation of restricted areas; suspension or regulation of the sale of alcoholic beverages, 21 ammunition, firearms, explosives and combustibles; prohibition on price gouging; water use 22 restrictions; suspension of local building regulations; regulation of the use and rationing of fuel, 23 ice and other essential goods; and emergency procurement procedures; and 24 25 WHEREAS, Hurricane Katrina, on or about August 25, 2005, was classified as a 26 category I hurricane and the State of Florida remained under a declared State of Emergency; and 27 28 WHEREAS, the Mayor and City Commission believe it is necessary to declare a weather 29 emergency and to organize all available City resources to prepare for, respond to and recover 30 from all threats to the security, safety and health of the people of South Miami. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT 34 35 Section 1. A weather emergency resulting from the threat of imminent damage from 36 Hurricane Katrina is declared to exist as of this date. 37 38 Section 2. The City Manager is authorized and directed to exercise all necessary and 39 appropriate powers under Ordinance no. 11 -93 -1539 to accomplish emergency management 40 during the duration of this emergency. The City Manager shall report to the Commission at its 41 next regularly scheduled meeting, unless a special meeting is called earlier, a preliminary 42 assessment of the damage caused by the hurricane, all actions taken in response to the 43 emergency, the effectiveness of the emergency management structure, the estimated cost of the 44 response, further actions which may be required, contracts which must be reviewed and ratified 45 by the commission and any emergency budget appropriations which may be requested. 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 3. This ordinance shall take effect immediately upon approval. PASSED AND ADOPTED this 301h day of Aug_st, 2005. ATTEST: APPROVED: CITY CLERK 1St Reading 2nd Reading READ AND APPROVED AS TO FORM: CITY ATTORNEY JAMy Documents \resolutions \Ordinance Emergency Hurricane Katrina.doc MAYOR COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: