03-27-01 SpecialMAYOR:
VICE MAYOR:
COMMISSIONER:
COMMISSIONER:
COMMISSIONER:
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Julio Robaina CITY MANAGER: Charles D. Scurr
Horace G. Feliu CITY ATTORNEY: Earl G. Gallop
Mary Scott Russell CITY CLERK: Ronetta Taylor
David D. Bethel
Randy G. Wiscombe
SPECIAL CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: March 27, 2001 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: April 10, 2001 Phone: (305) 663 -6340
Time: 6:15 PM
City of South Miami Ordinance No. 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid' or not) to represent a
business' entity or organization to influence "City"
action. "City" action is broadly - described to include
the rankling and selection of professional consultants,
and virtually all- legislative, quasi- judicial and
administrative action. It does not apply to not-for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations''
and unions.
CALL TO ORDER:
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
i. A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA CONFIRMING A
DECLARATION OF A STATE OF - EMERGENCY,
AND PLACING CERTAIN RESTRICTIONS ON
THE USE OF WATER WITHIN THE UTILITY
SERVICE AREAS OF THE CITY OF SOUTH
MIAMI.
SPECIAL CITY COMMISSION
AGENDA - March 27, 2001
— - -:+- ^"°Tr €
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2. Adjournment
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
SPECIAL CITY COMMISSION 2
AGENDA - March 27, 2001
SOUTH
o 40,
INCORPORATED
1927
'%..o a -
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: March 27, 2001
And City Commission
City Attorney
City Clerk
From: Charles Scurr e: Declaration of a State of Emergency
g Y
City Manager
In accordance with Chapter 14 of the Code of Ordinances of the City of South Miami,
and after consultation with the Mayor, Vice Mayor and City Commission, I am officially
declaring a State of Emergency.
South Florida is in a period of extended drought and a water emergency exists. The
South Florida Water Management District (SFWMD) is declaring a Phase III, Extreme
Water Shortage Condition, effective March 28, 2001. Miami -Dade County has declared
a State of Emergency and gone to Level 2 Status at the Emergency Operations Center.
The SFWMD and Miami -Dade County have also requested the assistance of all local
governments to vigorously enforce the water restrictions and take other appropriate
emergency actions.
In response to the emergency situation facing our community, I am formally declaring a
State of Emergency and establishing the following schedule for Water Restriction
Violations:
Level of Water Restriction Class of Code Enforcement Fine
• Phase I Water Restriction
• Phase II Water Restriction
• Phase III Water Restriction
• Phase IV Water Restriction
These measures are effective immediately.
Cc: Department Directors
Class I Code Enforcement Fine
Class II Code Enforcement Fine
Class III Code Enforcement Fine
Class IV Code Enforcement Fine
I EMERGENCY ORDINANCE NO.
2
3 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
5 RELATING TO WATER USE EMERGENCY; CONFIRMING A
6 DECLARATION OF A STATE OF EMERGENCY AND
7 PLACING RESTRICTIONS ON THE USE OF WATER WITHIN
8 THE CITY OF SOUTH MIAMI; AUTHORIZING
9 ENFORCEMENT OF PHASE II AND III WATER USE
10 RESTRICTIONS UNDER FLORIDA ADMINISTRATIVE CODE
11 RULE 40E -21; PROVIDING A SCHEDULE OF FINES;
12 PROVIDING FOR SEVERABILITY, ORDINANCES IN
13 CONFLICT, AND AN EFFECTIVE DATE.
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15
16 WHEREAS, on March 27, 2001, the City Manager proclaimed a state of
17 emergency in the City of South Miami, Florida, after he was informed by the
18 South Florida Water Management District that the South Florida Region was in a
19 "Phase lI, Severe Water Shortage" and was about to enter a "Phase III, Extreme
20 Water Shortage" on Wednesday March 28, 2001;
21
22 WHEREAS, the existing severe water shortage has progressed into an
23 extreme water shortage and threatens the current and future water supply of the
24 City of South Miami;
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26 WHEREAS, extraordinary actions must be taken to assure adequate potable
27 water supplies;
28
29 WHEREAS, Chapter 14 of the City of South Miami Code of Ordinances
30 authorizes water use restrictions during a state of emergency;
31
32 WHEREAS, the South Florida Water Management District has
33 implemented Florida Administrative Code Rule 40E -21, which specifically
34 requests the assistance of municipalities and municipal police departments to
35 enforce the Phase 11 and Phase III water restrictions, as identified at Rule 40E -2I;
36
Additions shown by underlining and deletions shown by eve *rig.
I NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
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4 Section 1. A Declaration of a State of Emergency proclaimed on March
5 27, 2001 is hereby confirmed.
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7 Section 2. To address the "extreme water shortage" which is seriously
8 affecting the water supply of the City of South Miami and requires the restriction
9 of water use, the City of South Miami adopts by reference the regulations under
10 Florida Administrative Code Rule 40E -21 and regulating the use of water during a
11 "severe water shortage" under Phase II restrictions and regulating an "extreme
12 water shortage" under Phase III restrictions. The FAC Rule 40E -21 is attached to
13 and incorporated by reference into this emergency ordinance.
14
15 Section 3. The Phase II and Phase III water shortage plans, as identified
16 in FAC 40E -21, shall be enforced by the City of South Miami's Code
17 Enforcement Officers through the powers vested in Section 2 -25, of the City's
18 Code of Ordinances.
19
20 Section 4. A violation of a Phase II water restriction shall be considered
21 a Class II violation, and a violation of a Phase III water restriction shall be
22 considered a Class III violation, as identified at Section 2 -25(1) of the City's Code
23 of Ordinances. Each day of violation shall be considered a separate offense.
24
25 Section 5. This ordinance shall take effect on March 27, 2001.
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27 Section b. Water use restrictions shall remain in effect until the City
28 Manager declares the state of emergency terminated.
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30 Section 7. If any section, clause, sentence, or phrase of this emergency
31 ordinance is for any reason held invalid or unconstitutional by a court of
32 competent jurisdiction, the holding shall not affect the validity of the remaining
33 portions of this ordinance.
34
35 Section 8. All ordinances or parts of ordinances in conflict with the
36 provisions of this ordinance are repealed. This ordinance automatically expires in
37 31 days and can be re- enacted, as necessary.
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PASSED AND ADOPTED this
day of April, 2001.
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ATTEST:
APPROVED:
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CITY CLERK
MAYOR
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COMMISSION VOTE:
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READ AND APPROVED AS TO
FORM: Mayor Robaina:
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Vice Mayor Feliu:
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Commissioner Wiscomb:
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CITY ATTORNEY
Commissioner Bethel:
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Commissioner Russell:
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