Resolution 2008-239
PROCLAMATION/RESOLUTION NO. 2008--2..3..9
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.
WHEREAS, Hurricane Ikc 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 Manageme~~ffIfials are recommending that a
"State of Local Emergency" be declared due to the 8111'fellt till! ~j.e8iete8 ~lItll of Hurricane Ike;
and
WHEREAS, Chapter 252.38 (3) (a) 5, F/a. 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:
I. Performance of public work and taking whatever prudent action is necessary to
ensurc the health, safety and welfarc 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 faci lities;
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 7th day of
September, 2008, that Hurricane Ike poses a serious thrcat to the lives and property of residents
of Collier County, that voluntary evacuation is encouraged and that a State of Local Emergency
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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, 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 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(cs) shall not factor as to gasoline/petrolcum
products sales prices.
BE IT FURTHER RESOLVED, that pursuant to Collier County Ord. No. 02-50, g I,
this proclamation declaring a statc of emergency shall activate the disaster emergency plans
applicable to the County and shall be the authority for the usc or distribution of any supplies,
equipment, materials or facilities assembled or arranged to be madc available pursuant to such
plans.
This Proclamation/Resolution adopted after motion, second and majority vote favoring
same this 7th day of September, 2008.
Jeffre
Count
BOARD OF COUNTY CO
COLLIER COUNTY, F
BY:~
TOM H AN
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