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Resolution 2005-363 PROCLAMA TIONIRESOLUTION NO. 2005-363 PROCLAMA TION 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 UNINCORPORA TED AREAS AND FURTHER PROVIDING FOR WAIVER OF EMS & CAT FEES AND ORDERING MANDA TORY EV ACUA TION OF RESIDENCE AND PROPERTIES IN COUNTY COASTAL AREAS. WHEREAS, Hurricane Wilma 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 recommending that a "State of Local Emergency" be declared due to the current and predicted path of Hurricane Wilma; and WHEREAS, Section 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84-37,2001- 45 and 2002-50 (codified at Sections 38-56 through 38-70 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 thy community; 2. Entering into contracts; 3. Incurring obligations; 4. Employment of permanent and temporary workers; 5. Rental of equipment; 6. Utilization of volunteer workers; 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 20th day of October, 2005, that Hurricane Wilma poses a serious threat to the lives and property of residents of Collier County, and 1. That a State of Local Emergency be declared, effective immediately for all territory in the incorporated and unincorporated areas of Collier County; and 2. That the Board activates mandatory evacuations from the north county line for all areas west and south of U.S. 41 (Tamiami Trail) including the coastal areas of Everglades City, Chokoloskee, Copeland, Goodland, Isles of Capri and the cities of Marco Island and Naples, to commence at 12 noon on Friday, October 21,2005; and 3. That the Board waives the base fee(s) for convalescent transports by Collier County Emergency Medical Services (EMS) for evacuation only to approved shelter(s) pursuant to EMS practices and procedures for "Registered Special Needs" persons; and 4, That the Board waives the fees for Collier Area Transit (CAT) service from 12 noon on Saturday, October 22, 2005 through Monday, October 24, 2005 to aid in the evacuation of residents; and 5. That the Board hereby exercises its authority pursuant to Collier County Ordinance Nos. 84-37,2001-45 and 2002-50 and waives the procedures and formalities required by law of a political subdivision, as provided in Section 252.38(3)(a)(5), Fla. Stat., including authorization for Purchasing Director to waive existing purchasing card limitations during the declared emergency; and 6. That the Board 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. 1 -'--- ,...._._._._......"--,_.....,~. -".., ___~'o"""__, .. .._~~_".__,,_. This ProclamationlResolution adopted this 20th day of October, 2005. Commissioner Coyle-AYE Commissioner Halas-A YE Commissioner Coletta-A YE Commissioner Fiala-AYE Commissioner Henning-AYE A ITEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA , . '" ...,(Hl '{J^.. ". '-1. ~ ~ ,. "~"":':','.."'~Ji~ '.. . ~ W .ti:.~~~-'lP'(' . BY: Fred W. Coyle, CHA~MA.. - ':';~ ..' '~;:'~'-'\ .~- - " " \, ~,to a..f . ~<- ,t-lq,.. ur,,a" M 1 .. ""'''' ;; .', , ..', '1.,'\ " Approved as to form and legal sufficiency: 04emgOl149195 2