HomeMy WebLinkAbout2020-053-3451 Emergency Actions by the Mayor and City Manager RESOLUTION NO. 2020-053-3451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, FURTHER DIRECTING AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO TAKE
CERTAIN ACTIONS IN ACCORDANCE WITH THE STATE OF
EMERGENCY ISSUED ON MARCH 11, 2020; RATIFYING
CERTAIN ACTIONS OF THE MAYOR AND CITY MANAGER;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis promulgated
Executive Order 20-52 and declared a State of Emergency in Florida in response to
COVID-19, and
WHEREAS, Executive Order 20-52, Section (4)(D)(1) provides that each
municipality in the State of Florida is authorized to waive the procedures and formalities
otherwise required of the political subdivision by law pertaining to the taking of whatever
prudent action is necessary to ensure the public's health, safety, and welfare, and
WHEREAS, under the provisions of law and Sections 252.31-252.60, Florida
Statutes, the City of Miami Gardens City Council ratified the Declaration of a Local
Emergency signed by Mayor Oliver G. Gilbert, III, on March 11, 2020, and authorized
the City Manager, in consultation with the Mayor to take all necessary actions consistent
with the Declaration of a Local State of Emergency, and
WHEREAS, the effects of Covid-19 continue to require extraordinary and
immediate actions by the City of Miami Gardens in order to protect the public's health,
safety and welfare, and
WHEREAS, the Mayor has the authority to act in accordance with Section 2.1
(A)(4) and 2.1(A)(5) of the City of Miami Gardens Charter, and
WHEREAS, the City Manager has the authority to act in accordance with Section
3.3 of the City of Miami Gardens Charter, and in accordance with the City's Code and
Ordinances, and
WHEREAS, since the State of Emergency was issued, the Mayor and Manager
have taken actions in accordance with State of Emergency Orders issued by the
Governor and the Mayor of Dade County, and
WHEREAS, municipalities are permitted by law to be more restrictive than the
Governor and the County Mayor, and
WHEREAS, the City Council deems it appropriate authorize the Mayor to issue
Emergency Orders that may be more restrictive than those Orders issued by Governor
and the County Mayor, when permitted by law and to ratify any orders previously issued
by Mayor Gilbert, in an effort to protect the health, safety and welfare of the Residents
of the City of Miami Gardens,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1 : ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The Mayor, in consultation with the City Manager,
is hereby authorized to issue emergency orders that may be more restrictive than those
orders issued by the Governor and County Mayor, when permitted by law, in the best
interests of the Residents of the City of Miami Gardens.
Section 3. AUTHORIZATION: The City Manager is hereby authorized to enter
into contracts relating to the day to day operations of the City during the State of
Emergency, subject to the review and approval of the City Attorney. Nothing contained
herein shall be deemed as a limitation on the emergency purchasing authority of the
Manager as outlined in the Code of Ordinances. The City Council also authorizes the
City Manager to take any and all appropriate actions to enforce all emergency orders
issued by the Governor of Florida, the Mayor of Miami-Dade County and the Mayor of
Miami Gardens.
Section 4. REPORTING: The authority outlined in this Resolution shall
automatically terminate upon the termination of the existing state of emergency.
Section 5: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS SPECIAL MEETING HELD ON APRIL 16, 2020.
C/ `7L
OLIVER GILBERT, III, MAYOR
ATTEST:
l
MARIO BATAILLE, CMC, CITY CLERK
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Resolution No. 2020-053-3451
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: MAYOR OLIVER GILBERT
Moved by: Mayor Gilbert
Seconded by: Councilman Williams
VOTE: 6-0
Mayor Gilbert Yes
Vice Mayor Harris Yes
Councilman ighodaro Absent
Councilwoman Odom Yes
Councilman Leon Yes
Councilman Williams Jr. Yes
Councilwoman Wilson Yes
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Resolution No. 2020-053-3451