Resolution 2004-296
PROCLAMA TION/RESOLUTION NO. 2004.296
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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 INCORPORA TED AND
UNlNCORPORA TED AREAS
WHEREAS, Hurricane Jeanne 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 Jeanne; and
WHEREAS, Chapter 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 the 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 RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 24th day of
September, 2004, that Hurricane Jeanne poses a serious threat to the lives and property of residents of
Collier County, and that a State of Local Emergency be declared, effective immediately for all territory in
the incorporated and unincorporated areas of Collier County.
BE IT FURTHER RESOLVED, that the Board of County Commissioners 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 Chapter 252.38 (3)
(a) 5, Fla. Stat. including authorization for 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.
This Proclamation/Resolution adopted after motion, second and majority vote favoring same.
Commissioner Henning - aye Commissioner Fiala _ absent
Commissi()ner Halas - aye Commissioner Coletta _ aye
_S"' .rTI-:':'L in .,' '(/ 1O(,f Commissioner Coyle - aye
DATED: ey...:J~~/(,+-. ;;Juu'f
ATTEST: Q,Wf<;llffi'E. BRC'>C{<. tLERK BOARD OF COUNTY COMMISSIO
, , .;, ,:,':':;':".. \", COLLIER COUNTY, FLORIDA
BY~ii.r~t~i~.:...:Y
Approved a~ t~t04'ifi ~,P.lli-i'ciency:
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