HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-112C
Temp. Reso. #13012
September 21, 2017
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017- // ;
A RESOLUTION OF THE CITY COMIVIISSION OF THE CITY
OF TAMARAC, FLORIDA, RATIFYING, CONFIRMING, AND
ADOPTING THE CITY MANAGER'S SEPTEMBER 20, 2017
DECLARATION AND DETERMINATION OF A CONTINUED
LOCAL STATE OF EMERGENCY AS A RESULT OF
HURRICANE IRMA, AND THE URGENT NEED FOR DEBRIS
REMOVAL IN PUBLIC AND PRIVATE COMMUNITY
STREETS TO ALLOW FOR PUBLIC SAFETY OPERATIONS
AND TO ENSURE THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENS AND RESIDENTS OF THE CITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Hurricane Irma ("Hurricane"), traveled through and impacted the City
starting September 9, 2017 through September 10, 2017 with wind gusts of up to 90 mph and up
to 12 inches of rain; and
WHEREAS, as a result of the Hurricane, the City is facing considerable accumulation of
disaster debris which poses serious and immediate threats to the life, health and/or safety of the
public; and
WHEREAS, pursuant to Section 9-73 of the City's Code of Ordinances, the City
Manager, determined based upon his assessment of the seriousness and immediacy of threats to
life, health and/or safety, whether it is in the public interest to remove the disaster debris
anywhere in the City; and
WHEREAS, pursuant to Section 9-73 of the City's Code of Ordinances, the City
Manager has considered the imminent development of aggravating factors in assessing whether
the removal of disaster debris is in the public interest, such as downed or disabled power lines, or
other utility connections; glass, metal or other sharp debris; risk of disaster debris becoming
wind-blown projectiles; impairment of drainage by disaster debris and risks associated therewith;
and
WHEREAS, the conditions described herein, are widespread and exist on both private
and public roads within the City; and
WHEREAS, pursuant to Section 9-67 through 9-74, of the City's Code of Ordinances,
the City has the authority to remove disaster debris from public and private property when the
Temp. Reso. #13012
September 21, 2017
Page 2 of 3
City Manager makes a finding that the presence of disaster debris throughout the City is so
widespread or of such a severe nature as to pose a serious and immediate threat to life, health,
and/or safety; and
WHEREAS, on September 20, 2017, the City Manager issued a Declaration, which is
attached hereto as Exhibit "A", and incorporated herein by reference, confirming the ongoing
local State of Emergency in the City and the need to remove disaster debris from both public and
private property in order to protect and insure the public's health, safety, and welfare
WHEREAS, the City Commission has deemed it to be in the best interests of the citizens
and residents of the City of Tamarac that said Declaration be adopted and ratified.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
Section 2. The City Commission of the City of Tamarac, hereby ratifies, confirms, and
adopts the City Manager's Declaration regarding the ongoing local State of Emergency in the City.
A copy of the City Manager's Declaration is attached hereto as Exhibit "A", and incorporated
herein by reference.
Section 3. The appropriate City officials are hereby authorized and directed to take
any and all action necessary to effectuate the intent of this resolution.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall
not affect the validity of the remaining portions or applications of this Resolution.
Section 6. This Resolution shall become effective immediately upon its passage and
Temp. Reso. #13012
September 21, 2017
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adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THIS 27th DAY OF SEPTEMBER, 2017.
ATTEST:
PATRICIA TEUF L, CMC
CITY CLERK
1
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
i)"
SAM EL S. GOREN
CITY ATTORNEY
1
..A,.; ..
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
1444
DIST l: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
aA
DIST 4: V/M. PLACKO
DECLARATION
A DECLARATION BY THE CITY MANAGER OF THE CITY OF
TAMARAC ("CITY"), FLORIDA, PURSUANT TO SECTION 7.12 OF
THE CITY CHARTER, DETERMINING THAT A LOCAL STATE OF
EMERGENCY CONTINUES TO EXIST IN THE CITY OF TAMARAC
AND DETERMINING THE URGENT NEED FOR DEBRIS REMOVAL
IN PRIVATE COMMUNITY STREETS TO ALLOW FOR PUBLIC
SAFETY OPERATIONS AND TO ENSURE THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENS AND RESIDENTS OF THE CITY.
WHEREAS, pursuant to Section 7.12 of the City Charter, the City Manager may
determine that an emergency exists within the City; and
WHEREAS, Hurricane Irma ("Hurricane"), traveled through and impacted the City
starting September 9, 2017 through September 10, 2017 with wind gusts of up to 90
mph and up to 12 inches of rain; and
WHEREAS, in the aftermath of the Hurricane, half of the City was without
electricity; and
WHEREAS, as a result of the Hurricane, the City is facing considerable
accumulation of disaster debris which poses serious and immediate threats to the life,
health and/or safety of the public; and
WHEREAS, pursuant to Section 9-73 of the City's Code of Ordinances, the City
Manager, or his designee, shall determine, based upon his assessment of the
seriousness and immediacy of threats to life, health and/or safety, whether it is in the
public interest to remove the disaster debris anywhere in the City; and
WHEREAS, pursuant to Section 9-73 of the City's Code of Ordinances, the City
Manager has considered the imminent development of aggravating factors in assessing
whether the removal of disaster debris is in the public interest, such as downed or
disabled power lines, or other utility connections; glass, metal or other sharp debris; risk
of disaster debris becoming wind-blown projectiles; impairment of drainage by disaster
debris and risks associated therewith; and
WHEREAS, the conditions described herein, are widespread and exist on both
private and public roads within the City; and
(00198827.1 2704-0501640)
WHEREAS, pursuant to Section 9-67 through 9-74, of the City's Code of
Ordinances, the City has the authority to remove disaster debris from public: and private
property when the City Manager makes a finding that the presence of disaster debris
throughout the City is so widespread or of such a severe nature as to pose a serious -
and immediate threat to life, health, and/or safety; and
WHEREAS, the City Manager, does hereby find that the aforesaid conditions
warrant and necessitate the declaration of the continued existence of a local
emergency, and that the presence of disaster debris throughout the City is so
widespread or of such a severe nature as to pose a serious and immediate threat to life;
health.,andlor safety; and
WHEREAS, in addition, pursuant to Section 9-74 of the City's Code of
Ordinances, prior to removing disaster debris from private, property, the City is obtaining
right of entry agreements from the private property owners; and indemnification
agreements to hold the City and the federal government harmless for claims arising
from the City's removal of disaster debris.
NOW, THEREFORE, due to the aforesaid conditions, and based on the findings
contained herein, I hereby determine thatz local STATE OF EMERGENCY continues to
exist in the City of Tamarac effective this .2tof September _, 2017.
DATED THIS day :of September, 2017
CIT AR -A F
Michael C. Cernech, City Manager
(Q008827.1 27044501640)
WHEREAS, pursuant to Section 9-67 through 9-74, of the City's Code of
Ordinances, the City has the authority to remove disaster debris from public and private
property when the City Manager makes a finding that the presence of disaster debris.
throughout the City is so widespread or of such a severe nature as to pose a serious
and immediate threat to life, health, and/or safety; and
WHEREAS, the City Manager, does hereby find that the aforesaid conditions
warrant and necessitate the declaration of the continued existence of a local
emergency, and that the presence of disaster debris throughout the City is so
widespread or of such a severe nature as to pose a serious and immediate threat to life;
health., and/or safety; and
WHEREAS, in addition, pursuant to Section 9-74 of the City's Code of
Ordinances, prior to removing disaster debris from private: property, the City is obtaining
right of entry agreements from the private property owners, and indemnification
agreements to hold the City and the federal government harmless for claims arising
from: the City's removal of disaster debris.
NOW, THEREFORE, due to the aforesaid conditions, and based on the findings
contained herein, I hereby determine that .a local STATE OF EMERGENCY continues to
exist in the City of Tamarac effective this.2 �of September 2017.
DATED THIS �a :of September; 2017
CIT ARA F
Michael C. Cernech, City Manager
(6.0168827.1 2704.0501640)
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