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Ordinance 1904ORDINANCE NO. 1904 AN ORDINANCE AMENDING CHAPTER 45 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA." WHEREAS, the residents and citizens of the City of Miami Beach, Florida, as well as of the entire State of Florida, have been alerted, through the various media of public communication, including newspapers, radio and television, that unless appropriate measures are taken for the conservation and preservation of the water supply of the State of Florida, that the South Florida area, including the City of Miami Beach, may be subjected to dire and critical shortages of water with resultant permanent damage, not only to the ecological balance of nature, but also to our high standards of daily life and living, to which an abundant supply of water is imperative and essential, and WHEREAS, in order to afford some reasonable measure or degree of protection to our existing water supply, it is necessary to provide standards of procedure whereby immediate emergency measures may be taken through responsible official action to preserve and protect the water supplies of the City of Miami Beach in order that this indispensable element of life be made available to all on a basis of uniformity and equality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Chapter 45 of"The Code of the City of Miami Beach, Florida," pertaining to operation, maintenance and distribution of the water system and water supply facilities of the City of Miami Beach be, and the same is hereby amended to add another section thereto immediately following Section 45.20, to be numbered and to read as follows: "Section 45.20.1 (a) Whenever the City Manager, in his considered judgment, based upon all such available data, information, and criteria available to him shall find and determine that an emergency has been created or exists in relation to the procurement, maintenance or distribution of sufficient and adequate supplies of water for the City, its citizens and residents, he shall be, and he is thereupon,following such finding or determination, authorized and directed to take such measures as he, in his considered judgment and discretion, may find and deem necessary to supplement or augment existing and available sources of supplies of water, from such sources as he may consider appropriate and available; and to promulgate such measures as he, in his considered judgment and discretion, may deem necessary or advisable for the preservation and distribution of such sources or supplies of water as may be available. -1- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 f "(b) To effectuate the power and authority hereby conferred upon the City Manager by paragraph (a) hereof, he is hereby authorized to obtain, by contract or otherwise, in the name of the City, and without the necessity for action of Council in relation thereto, such additional water sources and supplies during the period of such emergency as he may deem necessary or essential. (c) The City Manager,upon his finding that the emergency set forth in paragraph (a) hereof exists, shall be, and he is hereby authorized to cease, terminate, and shut off the water supply in any designated area of the City, or upon any designated premises within the City, and the City Manager, during the existence of the emergency herein provided for, shall be, and he is hereby authorized and directed to promulgate such rules, regulations or measures as shall be designed and intended, to distribute available supplies of water on such bases as he shall deem appropriate in order to adequately provide for fair and equitable distribution of water supplies. (d) The City Manager, upon and during the emergency herein provided for, shall be, and he is hereby authorized and directed to immediately terminate the service or supply of water in any area of the City, or in any premises therein, in the event of any violation of the rules, regulations or measures so promulgated by him. (e) The City Manager, upon the finding and determination that the emergency provided for herein exists, shall be, and he is authorized to take any or all of the measures herein provided for with or without notice as he, in his judgment or discretion, shall determine. (f) The provisions of this Ordinance shall be deemed to be in aid of, and supplementary to, of any measures in relation to the subject matter hereof which may now exist by ordinance, rule or regulation, and shall be construed liberally in order to effectuate the purposes hereof." Section 2. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 19th day of January ,1972. Attest: City Clerk -Finance Director Mayor 1st reading 2nd reading 3rd reading - POSTED - - December 22, 1971 - December 22, 1971 January 19, 1972 January 20, 1972 -2- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 STATE OF FLORIDA COUNTY OF DADE: I, RUTH B. ROULEAU, City Clerk and Finance Director in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1904 entitled: AN ORDINANCE AMENDING CHAPTER 45 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA." having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 20th day of January, 1972, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 1st day of March, 1972. City Clerk and Finance Director L• Q) O ›- - •– a) E a) U > •– 'Q O Ota) U C (/) C O O - 0 - d In 6l a) a) lid L O •– `Q - Q J O L v> O Q Z a) -Q (1) 7 Z i C L U) - W 0 (0 (5 U (0 N S.- - — Z _C Q) (0 Q) C Q U C a) O Z–E>- • . ▪ V) a) -0 O (0 – Q) C t 4) T L E 7 O •— E Q (0 +-, U a) OR