2017-29970 ResolutionRESOLUTION NO. 2017-29970
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING THE
DECLARATION OF A STATE OF LOCAL EMERGENCY BY THE
CITY MANAGER ON SEPTEMBER 4, 2017 IN RESPONSE TO
HURRICANE IRMA; RATIFYING ANY EMERGENCY ACTIONS
TAKEN BY THE CITY MANAGER 72 HOURS AFTER THE
DECLARATION OF THE STATE OF LOCAL EMERGENCY; AND,
AUTHORIZING THE CITY MANAGER TO CONTINUE TO EXERCISE
HIS STATE OF LOCAL EMERGENCY POWERS THROUGH AND
INCLUDING MONDAY, SEPTEMBER 18, 2017.
WHEREAS, on September 4, 2017, Governor Rick Scott issued Executive Order
17-235 (EO 17-235) in response to the threat of Hurricane Irma which declared a state of
emergency in every county in the State of Florida. Section 4 of EO 17-235, among other
things, states that government agencies may waive or deviate from certain statutes,
rules, ordinances, and orders they administer to the extent that such actions are
necessary in response to the emergency; and
WHEREAS, following the issuance of EO 17-235, the Florida Department of
Revenue issued an Emergency Order Implementing Provisions of Executive Order 17-
235 (Re: Hurricane Irma) waiving statutory timing requirements and providing additional
specific requirements to local taxing authorities regarding their millage and budget
hearings because Hurricane Irma may impede taxing authorities' proper performance
and duties related to the holding of millage and budget hearings, as well as the ability of
people in this state to safely attend such hearings; and
WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code, the City
Manager is authorized to implement discretionary state of emergency measures for a
period of 72 hours including, but not limited to, establishing curfews and prohibiting the
sale, distribution, or public possession of alcoholic beverages; and
WHEREAS, on September 4, 2017, and pursuant to Sections 252.38(2) of the
Florida Statutes, and Sections 26-31 and 26-33 of Chapter 26 of the City Code, the City
Manager exercised his authority to declare a 72 hour state of local emergency in the
City due to the impending threat of Hurricane Irma; and
WHEREAS, the Mayor and City Commission recognize the City Manager's
declaration of a state of local emergency in the City on September 4, 2017 consistent
with Governor Rick Scott's declaration of a state of emergency in EO 17-235, and the
"State of Emergency" provisions set forth in Article II of Chapter 26 of the City Code;
and
WHEREAS, pursuant to Section 26-35 of the City Code, the City Commission
may authorize the extension of the City Manager's authority to continue a declared state
of local emergency beyond 72 hours; and
WHEREAS, due to the impending and subsequently devastating effects of
Hurricane Irma in the City of Miami Beach, the continued lack of essential utilities and
commodities in the City following the storm, acts of vandalism and public disorder in the
City and in areas adjacent to the City, the Mayor and City Commission deem it in the
best interest of the public health, safety, and welfare to ratify any emergency actions
taken by the City Manager 72 hours after the declaration of the state of local
emergency, and to authorize the City Manager to continue to exercise his state of local
emergency powers through and including Monday, September 18, 2017.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby acknowledge the declaration of a state of local emergency by the
City Manager on September 4, 2017 in response to Hurricane Irma; ratify any
emergency actions taken by the City Manager 72 hours after the declaration of the state
of local emergency; and, authorize the City Manager to continue to exercise his state of
local emergency powers through and including Monday, September 18, 2017.
PASSED AND ADOPTED this 4.9 day of September, 2017.
9t ti
Rafael E. Gra ado, City CI
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