Resolution 11276 RESOLUTION NO. 11276
WHEREAS Chapter 59-447, Laws of Florida, enables political sub-
divisions of the State of Florida to provide through appropriate
Resolution or Ordinance for emergency interim succession to public
office to assure the continuation of essential functions of the govern-
ment of Miami Beach under conditions of enemy attack; and
WHEREAS there exists the possibility of an attack upon the Unites
States of unprecedented size and destructiveness; and
WHEREAS as a result of such attack the duly elected or appointed
officials of the City of Miami Beach may be unavailable to discharge
the leadership, authority and responsibility of the office to which
elected or appointed; and
WHEREAS due to the almost certain disruption of communications
and other services of government it may be impracticable because of
the urgency of the situation to initiate and pursue the existing legal
procedure for the election or appointment of successors to those
offices unavailable by reason of enemy attack; and
WHEREAS it is considered imperative to provide for the effective
operation of civil government under national emergency conditions to
supply the necessary social services to survivors of the attack; to
sustain morale; restore economic functions, and facilitate the earliest
possible resumption of functions temporarily suspended through necessity
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH that the following procedures governing automatic
interim emergency succession to office, in the event of the unavail-
ability of the duly elected members of the City Council, the duly
qualified City Manager and the duly qualified Municipal Judge, are
hereby established
1. Each of the aforementioned shall designate, by title, if
feasible, or by named person, not less than three (3) nor more than
seven (7) emergency interim successors to his office and specify their
order of succession.
2 . It shall be incumbent upon them to revise as necessary, the
designations of emergency interim successors made pursuant to this
Resolution.
3 . The City Clerk of the City of Miami Beach shall maintain in
current status the list of designees for emergency interim succession
and the order of their succession .
4. The emergency interim successor (designee) shall exercise
the powers and discharge the duties of the office to which designated
until such time as the vacancy created by the unavailability of the
regularly elected or appointed official shall be filled in accordance
with the Constitution or applicable Statutes or until the elected
official (or a preceding designated emergency interim successor) again
becomes available to exercise the powers and discharge the duties of
the office .
5 . Designated emergency interim successors are empowered to
exercise the powers and discharge the duties of the office to which
designated only after an attack on the United States has occurred and
then only by reason of the unavailability of the regular incumbent
and/or appointed official, or the immediate preceding designated
successor. Designated emergency interim successors are retained on
the official roster of successors and in the established order of
their succession at the pleasure of the City Council of the City of
Miami Beach, who may amend or revise such roster with or without cause.
6. Designated emergency interim successors shall upon desig-
nation take the same oath of office as prescribed for the duly elected
or appointed official with the further specification that the designee
shall be empowered to exercise the powers and duties of such office
only in the event of the unavailability of the duly elected incumbent
and/or appointed official, or the immediate preceding successor,
following enemy attack on the United States . No other oath of office
shall be required for succession to the office under the conditions
stated herein.
PASSED and ADOPTED this 19th day of August, 1964.
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ATTEST:
R. WM. L. JOHNSON, City Clerk
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