Resolution 2012-139PROCLAMATION/RESOLUTION NO. 2012 - 1 19
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, Tropical Storm/Hurricane Isaac 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 threat of Tropical Storm/Hurricane Isaac; 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. 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 24th day
of August, 2012, that Tropical Storm/Hurricane Isaac poses a serious threat to the lives and
property of residents of Collier County, that voluntary evacuation is encouraged 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, 2002 -50 and
2007 -49 and waives the procedures and formalities required by law of apolitical 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.
BE IT FURTHER RESOLVED, that pursuant to Collier County Ordinance No. 2002-
50, Section One, 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 on the 240' day of August, 2012.
ATTEST:
DWJ,Gtft � I CK, CLERK
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Ap ove as to form
and eta fficiencx.;..
Jeffr Klatzk
Cou ly Ittomey
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, LORIDA
TOM HENNING
ACTING CHAIRMAN