Resolution 2020-31280 RESOLUTION NO. 2020-31280
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXTEND THE DECLARATION OF A STATE OF
EMERGENCY, DATED MARCH 12, 2020, IN THE CITY OF MIAMI
BEACH TO ADDRESS THE COVID-19 PANDEMIC, AS EXTENDED
THROUGH MAY 22, 2020, SUCH EXTENSION FOR AN ADDITIONAL
PERIOD OF SEVEN (7) DAYS, COMMENCING ON MAY 23, 2020 AND
ENDING ON MAY 29, 2020, PROVIDED THAT THE SCOPE OF ANY
EMERGENCY MEASURES ORDERED BY THE CITY MANAGER
SHALL, CONSISTENT WITH ALL PRIOR EMERGENCY MEASURES
IMPOSED BY THE CITY MANAGER TO DATE, BE LIMITED TO
RESPOND TO IMMEDIATE THREATS POSED BY THE COVID-19
PANDEMIC; FURTHER, PROVIDING THAT NO EMERGENCY ACTION
TAKEN BY THE CITY MANAGER SHALL BE BINDING ON THE CITY
COMMISSION BEYOND THE PERIOD OF THE COVID-19 STATE OF
EMERGENCY, OR OTHERWISE LIMIT THE ABILITY OF THE CITY
COMMISSION TO UNDO ANY ACTION OF THE CITY MANAGER,
WHETHER CONTRACTUALLY OR LEGISLATIVELY; AND PROVIDED
FURTHER, THAT THE SUBJECT DECLARATION OF EMERGENCY
SHALL BE TERMINABLE BY THE CITY COMMISSION IN
ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION.
WHEREAS, coronavirus disease 2019 ("COVID-19"), a severe acute respiratory
illness caused by the SARS-CoV-2 virus that can spread rapidly from person to person
and cause serious illness or death, constitutes a clear and present threat to the lives,
health, welfare and safety of the people of the City of Miami Beach; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order
20-52, declaring a State of Emergency for the State of Florida related to COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization declared the
rapidly spreading coronavirus outbreak a pandemic; and
WHEREAS, on March 12, 2020, Miami-Dade County Mayor Carlos Gimenez
declared a State of Emergency for all of Miami-Dade County due to the threats associated
with COVID-19; and
WHEREAS, on March 12, 2020, City Manager for the City of Miami Beach
declared a State of Emergency for the City of Miami Beach, as COVID-19 poses a health
risk to the City's residents, particularly elderly residents and those who are
immunosuppressed or otherwise have high risk of medical conditions, which declaration
was amended on March 13, 2020, and the findings of which are hereby incorporated by
reference; and
WHEREAS, on March 13, 2020, the Mayor and City Commission of the City of
Miami Beach unanimously adopted Resolution No. 2020-31192, authorizing the City
Manager to extend the duration of the Declaration of a State of Emergency and implement
discretionary emergency measures for an additional period of seven (7) days,
commencing on March 12, 2020, and ending on March 19, 2020, to address the COVID-
19 pandemic and protect the public health, safety and welfare of the people of the City of
Miami Beach, the findings of which are hereby incorporated by reference; and
WHEREAS, on March 13, 2020, President Trump declared a national emergency
due to COVID-19; and
WHEREAS, on March 18, 2020, the Mayor and City Commission unanimously
adopted Resolution No. 2020-31219, authorizing the City Manager to extend the duration
of the Declaration of a State of Emergency and implement discretionary emergency
measures for an additional period of seven (7) days, commencing on March 19, 2020,
and ending on March 26, 2020, to address the COVID-19 pandemic and protect the public
health, safety and welfare of the people of the City of Miami Beach, the findings of which
are hereby incorporated by reference; and
WHEREAS, the rate of infection throughout the world and in the United States has
accelerated rapidly, with more than 4,924,208 confirmed cases worldwide as of May 19,
2020; and
WHEREAS, as the result of the rapid and exponential spread of COVID-19,
countries such as Spain, Italy, India, Czech Republic, France, Jordan, and the United
Kingdom have imposed strict measures limiting travel, and ordering citizens to stay at
home to avoid or minimize the community spread of COVID-19; and
WHEREAS, as of May 19, 2020, the United States has recorded over 1,552,140
confirmed cases, with more than 92,064 deaths; and
WHEREAS, during March and April of 2020, the accelerating infection rate for
COVID-19 led at least 42 states (including Florida), and countless local governments,
including Miami-Dade County, to issue orders curtailing mobility and travel, through
"Shelter in Place," "Stay at Home,"or"Safer at Home"orders, in order to minimize contact
through social distancing measures and reduce the risk of COVID-19 infection, with over
316 million Americans subject to such orders as of April 27, 2020, accounting for over
97% of the country's population; and
WHEREAS, as of May 19, 2020, the Florida Department of Health lists 46,442
positive cases of COVID-19 and 1,997 deaths, with South Florida emerging as a "hotspot"
for these infections — with 6,322 confirmed cases in Broward County and 15,864
confirmed cases in Miami-Dade County, together accounting for more than half of the
state's total; and
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WHEREAS, as of May 19, 2020, 566 individuals in Miami-Dade County have died
due to complications from COVID-19, including a long-time nurse at Jackson Memorial
Hospital in Miami; and
WHEREAS, health experts urge people to practice extreme social distancing in
order to "flatten the curve," which refers to the use of protective practices to slow the rate
of COVID-19 infection, so that hospitals have sufficient room, supplies, and medical
personnel for all of the patients who may need care due to COVID-19; and
WHEREAS, the failure to "flatten the curve" at the early onset of the COVID-19
pandemic in Italy has filled many hospitals in Italy beyond their capacity, forcing
emergency rooms to close their doors to new patients, allocate ventilators and ICU beds
to patients with highest chances of survival, hire hundreds of new doctors and healthcare
personnel, and request emergency supplies of basic medical equipment, like respirator
masks, from abroad; and
WHEREAS, Dr. Anthony S. Fauci, the Director of the National Institute of Allergy
and Infectious Diseases and the United States government's top infectious disease
expert, has warned that COVID-19 could kill between 100,000 to 200,000 Americans,
despite social distancing measures already taken across the country; and
WHEREAS, COVID-19 continues to impact first responders on a global and
national scale — in Italy, 8,358 health workers have tested positive for coronavirus,
according to the Italian National Institute of Health, and over 60 doctors who were infected
with the coronavirus have died; and
WHEREAS, as Spain overtook China on March 30, 2020, in the number of
confirmed coronavirus infections, the pandemic stretched Spanish hospitals to their
breaking points — at least six of Spain's 17 regions had reached their limit of ICU beds
and three more regions were approaching it, according to Spanish authorities; and
WHEREAS, the COVID-19 outbreak has already overwhelmed some United
States hospitals in areas with the highest infection rates, leading the U.S. military to
prepare to deploy field hospitals in New York and Seattle, send military hospital ships to
Los Angeles and New York City, and task the Army Corps of Engineers to convert hotels
and dormitories into treatment facilities for sick patients; and
WHEREAS, the spread of COVID-19 via travel, including business and leisure
travel, presents unique challenges to a resort community like Miami Beach, as attracting
visitors and tourists is utterly incompatible with social distancing efforts; and
WHEREAS, in spite of warnings from City, County, State, and Federal
governmental agencies, including the Centers for Disease Control and Prevention (the
"CDC"), thousands of students and other persons congregated in Miami Beach for"Spring
Break" and other social activities, and congregated in and around parks, beaches, hotels,
restaurants, bars, nightclubs, and other places of public assemblage, without observing
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the social distancing guidelines recommended by the CDC, thus increasing the risk of
transmission; and
WHEREAS, as of April 2, 2020, at least four Miami Beach police officers, one of
which was assigned to patrol the Ocean Drive area during a peak "Spring Break" period,
have contracted COVID-19; and
WHEREAS, there is reason to believe that COVID-19 may be spread amongst the
population by various means of exposure, including the propensity to spread person-to-
person and the propensity to attach to surfaces for prolonged periods of time, thereby
spreading from surface to person and causing property loss and damage in certain
circumstances; and
WHEREAS, the media has reported that two religious leaders in the Surfside/Bal
Harbour area have contracted COVID-19, and accordingly, continued gatherings in
places of public assemblage, such as religious institutions, pose a risk to the health, safety
and welfare of the people of the City of Miami Beach; and
WHEREAS, since Miami-Dade County's initial declaration of a State of
Emergency, Miami-Dade County has issued various Emergency Orders temporarily
closing public and private facilities, including the temporary closure of all non-essential
retail and commercial establishments within Miami-Dade County(as such term is defined
in Miami-Dade County's Emergency Orders), subject to any further restrictions as may
be ordered by municipalities within their jurisdictions; and
WHEREAS, in response to the threat posed by COVID-19 to the health, safety and
welfare of the City's residents, since March 12, 2020, City Manager of the City of Miami
Beach have imposed a number of temporary emergency measures to limit the inflow of
leisure guests to the City and require the closure of, and limit crowds in, public facilities,
public property, and places of public assemblage (including, without limitation, hotels,
restaurants, bars, nightclubs, concert halls, entertainment venues, movie theaters, and
houses of worship), as well as other restrictions on travel and gatherings of any number
of people, including imposition of a general curfew throughout the City, in order to reduce
community spread, relieve pressure on hospitals and healthcare personnel, protect
workers, and maintain social order; and
WHEREAS, other counties and municipalities in Florida, including Miami-Dade
County, Monroe County, and Key Biscayne, have issued emergency orders with
restrictions on commercial lodging establishments within their jurisdictions; and
WHEREAS, many countries have enacted travel restrictions in response to the
spread of COVID-19, including the United States, which issued a Level 4 "Do Not Travel"
global health advisory, advising United States citizens to avoid all international travel due
to the global impact of COVID-19; and
WHEREAS, in an effort to further implement social distancing practices to curb the
spread of COVID-19, on March 23, 2020, City Manager issued a "Safer at Home"
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Emergency Order, requiring all persons living in the City to remain in their homes to the
maximum extent possible, except to engage in essential activities as set forth in the Order;
and
WHEREAS, other cities in Miami-Dade County, including Miami, Hialeah, Coral
Gables, Surfside, North Bay Village, Golden Beach, Aventura, Bay Harbor Islands, and
Doral have also issued similar orders for residents; and
WHEREAS, however, domestic air travel remains unrestricted and Florida
continues to receive guests and visitors from high risk areas, such as visitors from New
York seeking shelter in Florida, potentially further compounding the public health
emergency and straining resources for local governments in Florida; and
WHEREAS, on March 23, 2020, Florida Governor Ron DeSantis issued Executive
Order No. 20-80, requiring visitors entering the State of Florida through airports from New
York, New Jersey, and Connecticut to isolate or quarantine for a period of 14 days
following their arrival in Florida, in an effort to stop the spread of COVID-19; and
WHEREAS, subsequently, on March 27, 2020, Governor DeSantis issued
Executive Order 20-86, requiring visitors entering the State of Florida from Louisiana to
isolate or quarantine for a period of 14 days following their arrival in Florida; and
WHEREAS, on March 27, 2020, Governor DeSantis also issued an executive
order suspending operations of all vacation rentals in Florida and prohibiting them from
making new reservations or bookings and accepting new guests for check-in for the
duration of the order; and
WHEREAS, on March 27, 2020, the United States Congress approved the largest
economic relief package in United States history, allocating $2 trillion to provide
immediate assistance to individual Americans, small businesses, and major industries on
the brink of economic collapse amid the ongoing pandemic; and
WHEREAS, on March 29, 2020, in recognition that extreme social distancing
measures are critical to containment of the pandemic, President Trump extended federal
social distancing guidelines through April 30, recommending that all Americans must
continue to avoid nonessential travel, going to work, eating at bars and restaurants, or
gathering in groups of more than 10 persons; and
WHEREAS, on March 30, 2020, Governor DeSantis issued an executive order
directing Miami-Dade County, Broward County, Palm Beach County, and Monroe County
(which together account for over sixty (60) percent of Florida's identified COVID-19
cases), to restrict public access to businesses and facilities deemed non-essential
pursuant to the guidelines established by Miami-Dade County pursuant to its March 19,
2020 Emergency Order 07-20, as amended; and
WHEREAS, on March 31, 2020, Governor DeSantis issued a stay-at-home order
for Miami-Dade County, Broward County, Palm Beach County, and Monroe County; and
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WHEREAS, on April 3, 2020, the CDC announced national guidelines
recommending that all persons use non-medical grade masks when engaging in any
activities outside the home; and
WHEREAS, on April 3, 2020, the City issued an Emergency Order requiring all
employees and customers of grocery stores, pharmacies and restaurant facilities to wear
a form of covering over their nose and mouth at all times when inside these
establishments, and strongly encouraging the use of such coverings in all other essential
retail and commercial businesses; and
WHEREAS, in order to create additional capacity in hospitals, the State of Florida
has determined that there is an urgent need to construct, rehabilitate and install treatment
facilities to house and treat those residents and visitors of the State who are suffering
from COVID-19 and non-COVID-19 illnesses; and
WHEREAS, on Wednesday, April 8, 2020, City of Miami Beach Mayor Dan Gelber,
along with Governor DeSantis, Miami-Dade County Mayor Carlos Gimenez and Lt. Gen.
Todd T. Semonite, Commanding General of the United States Army Corps of Engineers,
announced an initiative to repurpose the Miami Beach Convention Center as a temporary
medical facility for COVID-19 patients, which will initially include up to 450 beds, with
capacity for additional beds if necessary; and
WHEREAS, on April 29, 2020, Governor DeSantis issued Emergency Order 20-
112, which, in pertinent part, permits certain businesses required to close pursuant to
previous exeutive orders to reopen (subject to certain restrictions), effective May 4, 2020;
and
WHEREAS, in recognition of widespread transmission of COVID-19 in South
Florida, and the need to continue emergency measures in South Florida, Executive Order
20-112 exempts Miami-Dade, Broward, and Palm Beach counties from the reopening
provisions of the Order, providing that"allowances for services and activities from . . . this
order will be considered in consultation with local leadership"; and
WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code and Chapter
252 of the Florida Statutes, City Manager of the City of Miami Beach is authorized to
declare a state of emergency and order and promulgate discretionary emergency
measures, with such limitations and conditions as the City Manager may deem
appropriate; and
WHEREAS, pursuant to City Code Section 26-35, the duration of such Declaration
of a State of Emergency(and any such discretionary emergency measures implemented
pursuant thereto) is limited to a period of 72 consecutive hours, unless an extension is
authorized by the City Commission by duly enacted resolution in a regular or special
session of the City Commission; and
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WHEREAS, Section 252.38, Florida Statutes, provides that the duration of each
State of Emergency declared locally is limited to a period of seven (7) days; however,
Section 252.38 also provides that such local State of Emergency may be extended, as
necessary, in 7-day increments; and
WHEREAS, in Resolution No. 2020-31219, the Mayor and City Commission
further authorized the City Manager to continue to extend the Declaration of a State of
Emergency in the City of Miami Beach, for four (4) additional 7-day increments, which
would commence on March 26, 2020, and end on April 23, 2020; and
WHEREAS, on April 2, 2020, and pursuant to Resolution No. 2020-31219, the City
Manager extended the Declaration of a State of Emergency for an additional period of
seven (7) days, commencing on April 3, 2020, and ending on April 9, 2020; and
WHEREAS, on April 9, 2020, the City Manager extended the Declaration of a State
of Emergency for an additional period of seven (7) days, commencing on April 10, 2020,
and ending on April 16, 2020; and
WHEREAS, on April 16, 2020, the City Manager extended the Declaration of a
State of Emergency for an additional period of seven (7) days, commencing on April 17,
2020, and ending on April 23, 2020; and
WHEREAS, on April 22, 2020, the Mayor and City Commission unanimously
adopted Resolution No. 2020-31245, authorizing the City Manager to extend the duration
of the Declaration of a State of Emergency and implement discretionary emergency
measures for an additional period of seven (7) days, commencing on April 24, 2020, and
ending on April 30, 2020, to address the COVID-19 pandemic and protect the public
health, safety and welfare of the people of the City of Miami Beach, the findings of which
are hereby incorporated by reference; and
WHEREAS, Resolution No. 2020-31245 further authorized the City Manager to
extend the Declaration of a State of Emergency in the City of Miami Beach, on April 30,
2020, for an additional 7-day increment, which would commence on May 1, 2020, and
end on May 7, 2020; and
WHEREAS, on April 30, 2020, the City Manager extended the Declaration of a
State of Emergency for an additional period of seven (7) days, commencing on May 1,
2020, and ending on May 7, 2020; and
WHEREAS, on May 1, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31246, and authorized the City Manager to extend the Declaration of a State of
Emergency in the City of Miami Beach, for an additional 7-day increment, which would
commence on May 8, 2020, and end on May 14, 2020, to address the COVID-19
pandemic and protect the public health, safety and welfare of the people of the City of
Miami Beach, the findings of which are hereby incorporated by reference; and
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WHEREAS, on May 7, 2020, the City Manager extended the Declaration of a State
of Emergency for an additional seven (7) days, commencing on May 8, 2020 and ending
on May 14, 2020; and
WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31273, authorizing the City Manager to extend the Declaration of a State of
Emergency for an additional seven (7) days, commencing on May 15, 2020 and ending
on May 21, 2020, and further authorizing the City Manager to extend the Declaration of a
State of Emergency by one (1) additional day, commencing at 12:00 a.m. on May 22,
2020, and ending at 11:59 p.m. on May 22, 2020; and
WHEREAS, on May 14, 2020, the City Manager extended the Declaration of a
State of Emergency for an additional seven (7) days, commencing on May 15, 2020 and
ending on May 21, 2020; and
WHEREAS, as continued measures are required to address the COVID-19
pandemic, the City Manager hereby requests that the Mayor and City Commission
authorize the City Manager to extend the Declaration of a State of Emergency in the City
of Miami Beach, for an additional 7-day increment, which would commence on May 23,
2020, and end on May 29, 2020; and
WHEREAS, the Mayor and City Commission hereby acknowledge and consent to
the aforestated 7-day incremental extensions; provided, however, that at any duly-noticed
regular or special City Commission meeting, the Mayor and City Commission may
determine whether any further extensions of the City Manager's Declaration of a State of
Emergency are necessary and warranted; and
WHEREAS, should the currently scheduled meetings of the Mayor and City
Commission be canceled or rescheduled to a subsequent date, the City Manager shall
call a special emergency meeting of the City Commission, pursuant to Section 2.04 of the
City Charter, for the express purpose of terminating or continuing to extend the
Declaration of a State of Emergency.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
1. The City Manager is hereby authorized to extend the Declaration of a State of
Emergency in the City of Miami Beach to address the COVID-19 pandemic;
said extension for an additional period of seven (7) days, commencing on May
23, 2020, and ending on May 29, 2020.
2. The scope of any emergency measures ordered by the City Manager pursuant
to the Declaration of a State of Emergency shall, consistent with all prior
emergency measures imposed by the City Manager to date, be limited to
respond to immediate threats posed by the COVID-19 pandemic. Further, no
emergency action taken by the City Manager shall be binding on the City
Commission beyond the period of the COVID-19 State of Emergency, or
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otherwise limit the ability of the City Commission to undo any action of the City
Manager, whether contractually or legislatively.
3. The City Commission may, at a duly-noticed City Commission meeting,
determine whether the then-current extension of the Declaration of a State of
Emergency should be rescinded, or whether any further extensions are
warranted. Should the currently scheduled meetings of the Mayor and City
Commission be canceled or rescheduled to a subsequent date, the City
Manager shall call a special emergency meeting of the City Commission,
pursuant to Section 2.04 of the City Charter, for the express purpose of
terminating or continuing to extend the Declaration of a State of Emergency.
PASSED and ADOPTED this o day of /277 , 2020.
ATTEST:
f Dan Gelber, Mayor
11Sl
Rafa E. Gr nado, City Clerk
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9
Resolutions - R7 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: May 22, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXTEND THE DECLARATION OF A STATE OF EMERGENCY, DATED
MARCH 12, 2020, IN THE CITY OF MIAMI BEACH TO ADDRESS THE
COVID-19 PANDEMIC, AS EXTENDED THROUGH MAY 22, 2020, SUCH
EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS,
COMMENCING ON MAY 23, 2020 AND ENDING ON MAY 29, 2020; AND
PROVIDED FURTHER, THAT THE SUBJECT DECLARATION OF
EMERGENCY SHALL BE TERMINABLE BY THE CITY COMMISSION IN
ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION.
ANALYSIS •
The attached Resolution requests authorization, pursuant to City Code Section 26-35, to further
extend the duration of the Declaration of a State of Emergency, dated March 12, 2020, in order
to continue to address threats associated with the coronavirus disease 2019 ("COVI D-19")
pandemic.
On March 12, 2020, the City Manager declared a State of Emergency for the City of Miami
Beach, on the basis that the COVID-19 pandemic poses a health risk to the City's residents,
particularly elderly residents and those who are immunosuppressed or otherwise have high risk
of medical conditions (the "Declaration").
On March 13, 2020, the City Commission adopted Resolution No. 2020-31192, authorizing the
City Manager to extend the duration of those discretionary emergency measures that the City
Manager deemed necessary to address the COVID-19 pandemic beyond the 72-hour time
period set forth in City Code Section 26-35, for a period of seven (7) days commencing March
12, 2020, and ending on March 19, 2020.
On March 18, 2020, the City Commission adopted Resolution No. 2020-31219, which, in
pertinent part, authorized the City Manager to extend the duration of the Declaration in additional
seven-day increments, through April 23, 2020.
On April 22, 2020, the City Commission adopted Resolution No. 2020-31245, authorizing the
City Manager to extend the duration of the Declaration for an additional period of seven (7)days,
Page 17 of 47
commencing on April 24, 2020, and ending on April 30, 2020. The Resolution further authorized
the City Manager to extend the duration of the Declaration on April 30, 2020, for an additional 7-
day increment, which would commence on May 1, 2020, and end on May 7, 2020.
On May 1, 2020, the City Commission adopted Resolution No. 2020-31246, authorizing the
City Manager to extend the duration of the Declaration for an additional period of seven (7)days,
commencing on May 8, 2020, and ending on May 14, 2020.
On May 13, 2020, the City Commission adopted Resolution No. 2020-31273, authorizing the
City Manager to extend the Declaration of a State of Emergency for an additional seven (7)
days, commencing on May 15, 2020 and ending on May 21, 2020, and further authorizing the
City Manager to extend the Declaration of a State of Emergency by one (1) additional day,
commencing at 12:00 a.m. on May 22, 2020, and ending at 11:59 p.m. on May 22,2020.
The attached Resolution authorizes the City Manager to extend the duration of the Declaration
for an additional period of seven (7) days, commencing on May 23, 2020, and ending on May
29, 2020.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize 0.0.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
❑ Resolution
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