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.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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"(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
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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
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