HomeMy WebLinkAboutReso 2006-979
RESOLUTION NO. 2006 - :0.9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING THE "DECLARATION
OF A LOCAL EMERGENCY" IMPOSED BY THE CITY MANAGER
ON AUGUST 28, 2006 AND THE "TERMINATION OF A LOCAL
EMERGENCY" ISSUED ON AUGUST 30, 2006 DUE TO TROPICAL
STORM ERNESTO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach faced dangerous conditions of sufficient
severity and magnitude to warrant coordinated local government action to prevent or alleviate the
damage, loss, hardship or suffering threatened or caused thereby; and
WHEREAS, Governor Jeb Bush declared a State of Emergency for all of Florida due to
the threat of impending Hurricane Ernesto; and
WHEREAS, Hurricane Ernesto caused a condition of extreme peril of life and property
necessitating the proclamation of the existence of an emergency and in accordance with Chapter
29 of the City of Sunny Isles Beach Code, the City Manager declared a local emergency due to
Hurricane Ernesto; and
WHEREAS, Hurricane Ernesto was downgraded to a tropical storm; and
WHEREAS, the emergency dangers and threats of Tropical Storm Ernesto have passed,
and the City Manager of the City of Sunny Isles Beach has terminated the State of a Local
Emergency.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Confirmation of Declaration of a Local Emergency. The City Commission of the
City of Sunny Isles Beach hereby ratifies the "Declaration of a Local Emergency" imposed by the
City Manager on August 28,2006, attached hereto as Exhibit "A".
Section 2, Confirmation of Termination of the State of Local Emergency. The City
Commission of the City of Sunny Isles Beach hereby ratifies the "Termination of a Local
Emergency" issued by the City Manager on August 30, 2006, attached hereto as Exhibit "B",
provided however this confirmation of termination shall not be construed as a limitation on the
City Manager's authority to declare a state of emergency at any date subsequent to this
resolution.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this resolution.
Section 4,
Effective Date. This Resolution will become effective upon adoption.
R2006- Continuation of Declaration of a Local Emergency 1
PASSED AND ADOPTED this 21 st day of September 2006.
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:. Jane A.l1ines, CjVfC, City Clerk
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APPROVED AS TO FORM AND
LEGA S FF IENCY
Vote: 4-0-1
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman kbs.eNl.lt
Commissioner Iglesias
Commissioner Thaler
Moved by: roO ~ -r::H 'A-I-f ~
Seconded by: C~ T GL ~1ll\.S
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R2006- Continnation of Declaration of a Local Emergency 2
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DECLARATION OF A LOCAL EMERGENCY
CITY OF SUNNY ISLES BEACH, FLORIDA
WHEREAS, pursuant to Chapter 29 of the City of Sunny Isles Beach Code, the City
Manager hereby finds and declares the following:
I. Due to Hurricane Ernesto, the City of Sunny Isles Beach is facing dangerous
conditions of sufficient severity and magnitude to warrant coordinated local government action
to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby;
2. Due to Hurricane Ernesto, a condition of extreme peril of life and property
necessitates the proclamation of the existence of an emergency, and the exercise of emergency
response plans consistent with state and county emergency plans for the mitigation of,
preparation for, response to, and recovery from emergencies, and to exercise all powers
permitted by Chapter 252, Florida Statutes.
3. The following emergency measures are hereby promulgated, with the specified
limitations and conditions;
(a) Orders of evacuations shall be consistent with that issued by Miami-Dade
County;
(b) The City shall adhere to the general curfew guidelines adopted by Miami-
Dade County.
(c) Price-gouging or the sale of merchandise, goods or services including, but
not limited to fuel, ice, or other essentials at more than the average retail
prices is hereby prohibited;
4. The emergency plans applicable to the City pursuant to Section 870.044, Florida
Statutes, as it relates to overt acts of violence or the imminent threat of such violence, are hereby
enacted,
Exhibit" A"
NOW, THEREFORE, IT IS HEREBY RESOLVED that an emergency now exists
throughout the City of Sunny Isles Beach;
IT IS FURTHER RESOLVED that during the existence of said emergency the powers,
functions, and duties of the City Manager/designee of the City of Sunny Isles Beach be those
prescribed by State law and the ordinances, resolutions, and approved plans of the City of Sunny
Isles Beach in order to mitigate the effects of said emergency.
By:
A. Joh
Dated:
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Attest:
~..o a. ;'N-*-,
~ne A. Hines, CMC, City)Clerk
APPROVED TO FORM
AND LEG SB FICIENCY
TERMINATION OF A LOCAL EMERGENCY
CITY OF SUNNY ISLES BEACH, FLORIDA
WHEREAS, pursuant to Chapter 29 of the City of Surmy Isles Beach Code, the City
Manager hereby finds that:
Due to the passing of Tropical Storm Emesto, the City of Surmy Isles Beach is no longer facing
dangerous conditions of sufficient severity and magnitude to warrant coordinated local
government action to prevent or alleviate the damage, loss, hardship or suffering threatened or
caused thereby.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the State of Local
Emergency declared by the City Manager on August 28, 2006 is terminated as of August 30,
2006.
Dated:_-A.\~p~ 3D)2rof-
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". JaneA I-(ines, C!\1G, City Clerk
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APPROVED. AS TO FORM
AND t - AI. SUFFICIENCY
Exhibit "B"
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City HolI
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
A. John Szerlag, City Manager
Priscilla Walker, CMC, Deputy City Cle~~
September 26, 2006
Ratification of Declaration and Termination of Local Emergency
At its regular meeting of September 21, 2006, the City Commission adopted Resolution No.
2006-979, which ratified the "Declaration of a Local Emergency" and "Termination of Local
Emergency" imposed due to Tropical Storm Emesto. Attached is a copy of the approving
resolution for your files.
Thank you.
:pw
Attachments
cc: :Hans Ottinot, City Attorney
Local Emergency - Tropical Storm Ernesto Memo
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Gerry Goodman, Vice Mayor
Roslyn Brezin, Commissioner
Danny Iglesias, Commissioner
Lewis Thaler, Commissioner
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
To: The Honorable City Commisso n
From: A. John Szerlag, City Manager
Date: September 21, 2006
Re: Ratify Declaration and Termination of Local Emergency Due to Tropical Storm
Ernesto
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution ratifying the
Declaration and Termination of Local Emergency due to Tropical Storm Ernesto.
REASONS
Governor Jeb Bush declared a State of Emergency for all of Florida due to the threat of
impending Hurricane Ernesto. Pursuant to Chapter 29 of the City of Sunny Isles Beach Code the
City Manager is authorized to declare a local emergency and issued a Declaration of Local
Emergency on August 28,2006.
Hurricane Ernesto was downgraded to a tropical storm and therefore the City was no longer
facing dangerous conditions. The City Manager terminated the local emergency on August 30,
2006.
Comm Memo Tropical Storm Ernesto
Agenda Item , O. 0
Date q -2../- D ~