Resolution 2004-244
PROCLAMA TIONIRESOLUTION NO. 2004- ..l.H.
PROCLAMA TlON 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 StormlHurricane Charley 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 building 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 Tropical StormlHurricane
Charley, especially in light of the storm's rapid forward movement which is likely to decrease warning
time; and
WHEREAS, Chapter 252.38 (3) (a) 5, Fla. Stat., and Collier County Ordinance Nos. 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 subdi visions 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 Emergency session, this llth day of
August, 2004, that Tropical StormlHurricane Charley 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. 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.
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.
This ProclamationlResolution adopted after motion, second and majority vote favoring same.
Commissioner Henning
Commissioner Halas
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Commissioner Fiala
Commissioner Coletta
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