Resolution 2015-151 PROCLAMATION/RESOLUTION NO. 2015- 1 51
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY TO DECLARE A STATE OF EMERGENCY
FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF
COLLIER COUNTY INCLUDING ALL INCORPORATED AND
UNINCORPORATED AREAS.
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WHEREASVTropical Storm Erika has the potential for causing extensive damage to
public utilities, public buildings, public communication systems, public streets and roads, public
drainage systems, commercial and residential buildings and areas; and
WHEREAS, Collier County Emergency Management officials are r ommenQl irk that a
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"State of Local Emergency" be declared due to the current and predicted path ofVfropical Storm
Erika; and
WHEREAS, Chapter 252.38 (3) (a) 5, Fla. Stat., and Collier County Ordinance Nos. 84-
37, 2001-45, 2002-50, and 2007-49 (codified at Sections 38-56 through 38-71 in the Collier
County Code of Laws and Ordinances) provide for a political subdivision such as Collier County
to declare a State of Local Emergency and to waive the procedures and formalities otherwise
required of political subdivisions by law pertaining to:
1. Performance of public work and taking whatever prudent action is necessary to
ensure the health, safety and welfare of the community;
2. Entering into contracts;
3. Incurring obligations;
4. Employment of permanent and temporary workers;
5. Utilization of volunteer workers;
6. Rental of equipment;
7. Acquisition and distribution, with or without compensation, of supplies, materials
and facilities;
8. Appropriation and expenditure of public funds.
NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONEJS OF C(O,LLIER COUNTY, FLORIDA, in special session, this 29th day
of August, 2015, thatvfropical Storm Erika poses a serious threat to the lives and property of
residents of Collier County.
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BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby
exercises its authority pursuant to Collier County Ordinance Nos. 84-37, 2001-45, 2002-50 and
2007-49 and waives the procedures and formalities required by law of a political subdivision, as
provided in Chapter 252.38 (3) (a) 5, Fla. Stat. including authorization for the Purchasing
Director to waive existing purchasing card limitations during the declared emergency.
BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby
declares that during an emergency it shall be unlawful and an offense against the County for any
person operating within the County to charge more than the normal average retail price for any
merchandise, goods or services sold during the emergency. The average retail price as used
herein is defined to be that price at which similar merchandise, goods or services were being sold
during the 30 days immediately preceding the emergency or at a mark-up which is a larger
percentage over wholesale cost than was being added to wholesale cost prior to the emergency.
The waiver and reimposition of the state gas tax(es) shall not factor as to gasoline/petroleum
products sales prices.
BE IT FURTHER RESOLVED, that pursuant to Collier County Ord. No. 02-50, § 1,
this proclamation declaring a state of emergency shall activate the disaster emergency plans
applicable to the County and shall be the authority for the use or distribution of any supplies,
equipment, materials or facilities assembled or arranged to be made available pursuant to such
plans.
This Proclamation/Resolution adopted after motion, second and majority vote favoring
same this 29th day of August, 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
:� 0• ,ac , By: -----L -- 7--/ #0•446
Attes ' ;L' veputy Clerk Tin Nance, Chairman
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Appr• t .! `form and legality:
Jeffreyfl• ' iz kow
Count • [limey
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