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10-26-05 Special Item 1South Miami To: Honorable Mayor, Vice Mayor & City Commission From: Maria V. avis City Ma r EMERGENCY ORDINANCE: Agenda Item S—L Rw. Emergency Declaration Resulting From Hurricane Wilma AN EMERGENCY 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 WILMA-, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: On October 24, 2005, Hurricane Wilma was classified as a category III 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 of landfall. 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 October 20, 2© ®5. RECOMMENDATION We recommend approval of the attached emergency ordinance. I ORDINANCE NO. 2 3 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, 5 DECLARING A WEATHER EMERGENCY PURSUANT.. TO SECTIONS 6 14.05 AND 14.12 OF ORDINANCE NO. 11 -93 -1539; GIVING THE CITY 7 MANAGER THE NECESSARY AUTHORITY AND DIRECTING HER 8 TO TAKE ALL NECESSARY AND APPROPRIATE ACTIONS TO 9 PREPARE FOR AND RESPOND TO HURRICANE WILMA; 10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND 11 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 Wilma, on or about October 24, 2005, was classified as a 26 category III hurricane and the State of Florida remained under a declared State of Emergency; 27 and 28 29 WHEREAS, the Mayor and City Commission believe it is necessary to declare a weather 30 emergency and to organize all available City resources to prepare for, respond to and recover 31 from all threats to the security, safety and health of the people of South Miami. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 35 36 Section 1. A weather emergency resulting from the effects of Hurricane Wilma is 37 declared to exist as of this date in the City of South Miami. 38 39 Section 2. The City Manager is authorized and directed to exercise all necessary and 40 appropriate powers under Ordinance no. 11 -93 -1539 to accomplish emergency management 41 during the duration of this emergency. The City Manager shall provide to the Commission at its 42 next regularly scheduled meeting, a preliminary assessment of the damage caused by the 43 hurricane, all actions taken in response to the emergency, the effectiveness of the emergency 44 management structure, the estimated cost of the response, further actions which may be required, 45 contracts which must be reviewed and ratified by the commission and any additional emergency 46 budget appropriations which may be requested. 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 26 Section 3. If any section, clause, sentence, or phrase of this ordinance 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 ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall take effect immediately upon approval and remain in effect as provided for in Article II, Section 6.2 of the South Miami City Charter.. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: 2005.