19-2167 Emergency Ordinance for Hurricane DorianEMERGENCY ORDINANCE NO. 19-2167
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF LONGWOOD, FLORIDA, DECLARING A STATE
OF EMERGENCY WITHIN THE CITY OF LONGWOOD WITH THE
DECLARATION OF EMERGENCY BY THE GOVERNOR;
ADOPTING EMERGENCY REGULATIONS TO ADDRESS
PREPARATION FOR AND THE AFTERMATH OF HURRICANE
DORIAN; PROVIDING FOR NON -CODIFICATION,
SEVERABILITY, AN EFFECTIVE DATE AND A SIXTY DAY
EXPIRATION UNLESS TERMINATED EARLIER.
WHEREAS, there is a need to prepare for a potential severe threat to the City of
Longwood due to Hurricane Dorian approaching the State of Florida (the "Storm");
WHEREAS, the Storm could pose a severe threat to the City of Longwood and
requires timely precautions be taken to protect the community, critical infrastructure,
and general welfare of the public; and
WHEREAS, City is granted the authority under § 2(b), Art. VIII of the Florida
Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, this Emergency Ordinance is authorized by City of Longwood
Charter Section 3.12, Chapter 166, Florida Statutes, Section 252.38, Florida Statutes,
and other applicable provisions of law; and
WHEREAS, on August 28, 2019, Executive Order Number 19-189 was executed
by the Governor of Florida declaring a state of emergency for the State of Florida
relating to Hurricane Dorian.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF LONGWOOD AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and accurate and are
incorporated herein.
SECTION 2. Declaration of Emergency. The City Commission further
finds, due to those reasons enumerated herein, that a State of Emergency is hereby
declared to exist within the City of Longwood immediately upon the Effective Date of
this Ordinance. The City Commission therefore makes this formal declaration of a State
of Emergency, which shall expire sixty (60) days from the Effective Date of this
Ordinance unless terminated earlier by ordinance or resolution of the City Commission.
Further, the City Commission hereby ratifies actions taken by the City of Longwood and
its officers and employees to prepare for Huricane Dorian that were taken in a manner
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consistent with this Ordinance occurring during the time period from the issuance of
Executive Order Number 19-189 to the Effective Date of this Ordinance.
SECTION 3. Emergency Powers.
A. In accordance with applicable statutory, executive and common law authority, the
City Commission hereby elects to suspend the effect of any statute, ordinance,
procedure, rule or order, to the extent necessary to procure any and all
necessary supplies, commodities, services, temporary premises, and other
resources, including, but not limited to, any and all statutes, rules, ordinances, or
orders which affect budgeting, leasing, printing, purchasing, travel, and the
condition of employment and the compensation of employees, provided that any
such statute, ordinance, rule or order is suspended only to the extent necessary
to ensure timely performance of disaster response and mitigation functions. The
City Manager should, however, attempt to obtain the most competitive pricing
available given the circumstances, and to the extent possible piggyback on
existing government contracts.
B. The City Manager shall have the authority on behalf of the City to execute
contracts with third parties and other governmental agencies as deemed
necessary to prepare for and mitigate and counteract the ill effects of the
declared emergency. Any emergency contracts so executed shall be limited to
the purpose of mitigating or otherwise managing the emergency declared and
shall not obligate the City to the purchase of products or services beyond the
timeframe of such emergency.
C. The City shall have the right to exercise any of the powers specifically provided
to local governments pursuant to § 252.38, Fla. Stat., and authorizes and directs
City Manager to execute those activities deemed necessary to respond to and
mitigate the disaster conditions caused by the Storm and any other adverse
weather conditions concomitantly impacting the City. For the purpose of carrying
out disaster mitigation, the City Manager is directed and encouraged to seek
assistance from any and all applicable federal, state, and local agencies that may
be capable of providing emergency services, compensation, or reimbursement to
the City.
D. The City Manager shall have the right to determine a threat to public health and
safety that may result from the generation of widespread debris throughout the
City, that such debris constitutes a hazardous environment for all modes of
movement and transportation of the residents as well as emergency aid and
relief services, endangerment to all properties in the City, an environment
conducive to breeding disease and vermin, and greatly increased risk of fire, and
that it is in the public interest to collect and remove disaster debris from all
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property whether public lands, public or private roads, and gated communities to
eliminate an immediate threat to life, public health and safety to reduce the threat
of additional damage to improved property and to promote economic recovery of
the community at large. To assist in maintaining safe and sanitary living and
functioning conditions and protect property from immediate threat, the City
Manager shall have the power, but not the obligation, to authorize the removal of
disaster -generated debris and wreckage resulting from a declared disaster from
all property whether such debris and wreckage is located on public lands, public
or private roads, or gated communities. The City Manager is authorized to enter
into temporary lease or license agreements for real property which is necessary
for creating and operating a temporary debris and waste reduction and staging
area to process and remove debris.
E. The City Manager shall have the authority to authorize the City or the City's
contracted agent(s) right of access to private roads or gated communities as
needed by emergency vehicles such as, but not limited to, police, fire, medical
care, debris removal, and sanitation to alleviate immediate threats to public
health and safety.
F. During the state of emergency declared by this Ordinance, the City Manager has
the power to invoke any or all of the following prohibitions or restrictions:
(1) Restrictions. In the interest of protecting citizens and property during a
declared state of emergency, the City Manager may apply additional restrictions
contained in this subsection to certain neighborhoods, subdivisions, or sections
of the City impacted or threatened by a disaster.
(2) Restricted Access Areas. No person shall enter an area designated as a
Restricted Access Area by the City Manager unless he/she is in performance of
his/her official governmental duties, has written permission of the City Manager
or his/her designee, or resides in such area.
(3) Curfew. If it is necessary to preserve peace and order within the City, the City
Manager may impose a curfew for a restricted area or the entire City as required
by the circumstances surrounding a declared state of emergency. Such curfew
shall not apply to persons in the bona fide performance of designated essential
services such as fire, police, medical and physician services, public service,
government, or government -contracted employees in the execution of their
delegated duties, or other employees, with verifiable identification, traveling to
and from their place of employment.
(4) Notice of Restrictions. Should the City Manager or his/her designee invoke
any or all of the foregoing provisions contained in this subsection F, he shall
inform City staff, law enforcement, and emergency personnel of such and
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provide local news media with written notification thereof for immediate
dissemination to the public.
G. During this declared state of emergency, all procedural and notice time periods
affecting the normal functions of the City, including those set forth in ordinances
and rules of the City, to the extent such requirements cannot be complied with
due to the emergency, shall be temporarily suspended during the emergency.
Such functions include, but are not limited to, permitting, development
applications, code enforcement matters, and other municipal review and approval
procedures. r. , d or _CJ.Jc__
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SECTION 3. Severability. If any portion of this Ordinance is finally determinedN4p'*6 K'C..
by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable or
void, the balance of the Ordinance shall continue in full force and effect.
SECTION 5. Non -Codification. Given the temporary nature and effect of this
Ordinance, it is the intent of the City Commission that this Ordinance will not be
codified.
SECTION 6. Effective Date. This Ordinance shall become effective immediately
and pursuant to City Charter, this Ordinance shall expire sixty (60) days from the
effective date unless sooner repealed by the City Commission by ordinance or
resolution.
36
READ AND ADOPTED this ** h day of August, 2019
CITY OF LONGWOOD, FLORIDA
ATTEST:
Matt Morgan, INlyro°-'
y j
is o C, FCRM, City Clerk
Approved as to legal form and sufficiency for the City of Longwood only.
Daniel W. La le , rney
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