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09-21-04 Item 9so u r� South Miami Idl-knmicaCky CITY OF SOUTH MIAMI 11111F 19227 INCORPORATED �N�oRP` OFFICE OF THE CITY MANAGER RZQP � INTER- OFFICE MEMORANDUM 2001 To: Honorable Vice Mayor Date: September 21, 2004 and City Commission From: Mary Scott Russell Subject: Agenda Item # Mayor Commission Meeting 09/21/04 Re: Cancellation of Sept. 7th Commission Meeting RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEETINGS; CANCELLING THE SEPTEMBER 7, 2004 REGULAR MEETING OF THE CITY COMMISSION DUE TO A WEATHER EMERGENCY IN ORDER TO PREPARE FOR AND RESPOND TO HURRICANE FRANCES; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS On September 2, 2004, Hurricane Frances was classified as a category IV hurricane and the National Hurricane Center declared a hurricane warning for the entire eastern coast of the State of Florida. Due to the threat presented by the approaching hurricane, and the emergency preparation that was required in anticipation of the storm, City staff was unable to obtain the materials necessary in order to complete an agenda for the September 7th meeting, therefore necessitating its cancellation. Section 14 -5 (b) of the city code requires ratification of the declaration of a state of emergency at the next regularly scheduled commission meeting, "unless the nature of the emergency renders the meeting impractical," and (per our City Attorney) the language in this section intimates that the meeting can be cancelled without a commission meeting if the director of emergency management (the City Manager) determines that the nature of the emergency renders the meeting impractical. That was the case in this particular instance. RECOMMENDATION Your approval is recommended. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEETINGS; 6 CANCELLING THE SEPTEMBER 7, 2004 REGULAR MEETING OF 7 THE CITY COMMISSION DUE TO A WEATHER EMERGENCY IN 8 ORDER TO PREPARE FOR AND RESPOND TO HURRICANE 9 FRANCES; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, Ordinance No. 11 -93 -1539, entitled "Emergency Management;" provides 13 for the City Manager or her designee to recommend a declaration of a weather emergency 14 pursuant to sections 14.05 and 14.12; and 15 16 WHEREAS, section 14 -5 (b) of the city code requires ratification of the declaration of 17 the state of emergency at the next regularly scheduled commission meeting, unless the nature of 18 the emergency renders the meeting impractical, but does not speak to a vote of the commission 19 as necessary to cancel the meeting. The language in this section intimates that the meeting can be 20 cancelled without a commission meeting if the director of emergency management (the City 21 Manager) determines that the nature of the emergency renders the meeting impractical; and 22 23 WHEREAS, Hurricane Frances on September 2, 2004 was classified as a category IV 24 hurricane and the National Hurricane Center declared a hurricane warning for the entire eastern 25 coast of the State of Florida; and 26 27 WHEREAS, due to the threat presented by Hurricane Frances, and the emergency 28 preparation that was required in anticipation of the storm, no agenda was prepared, thus making 29 the September 7th meeting impractical, therefore necessitating its cancellation. 30 31 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 33 34 Section L A weather emergency resulting from the threat of imminent danger and or 35 damage from Hurricane Frances was declared to exist as of September 2, 2004. 36 37 Section 2. The City Commission of the City of South Miami, Florida has cancelled 38 its regular meeting scheduled for Tuesday, September 07, 2004. 39 40 Section 3. This resolution shall take effect immediately upon approval. 41 42 PASSED AND ADOPTED this day of September, 2004. 43 Resolution Cancelling the September 7, 2004 Commission Meeting Page 1 of 2 I ATTEST: APPROVED: 2 3 4 5 6 CITY CLERK MAYOR 7 g Commission Vote: 9 READ AND APPROVED AS TO FORM: Mayor Russell: 10 Vice Mayor Palmer: 11 Commissioner Wiscombe: 12 Commissioner Birts- Cooper: 13 Commissioner Sherar: 14 CITY ATTORNEY 15 Resolution Cancelling the September 7, 2004 Commission Meeting Page 2 of 2