Title
A RESOLUTION DECLARING EMERGENCY POWERS TO THE MAYOR OR COUNCIL PRESIDENT DURING A WORLD WIDE HEALTH PANDEMIC AND/OR NATIONAL HEALTH CRISIS
Summary
Description of Topic: (who, what, where, when, why and how much)
A RESOLUTION DECLARING EMERGENCY POWERS TO THE MAYOR OR COUNCIL PRESIDENT DURING A WORLD WIDE HEALTH PANDEMIC AND/OR NATIONAL HEALTH CRISIS
Budgetary Impact: None
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.
____ Not budgeted requiring increase to account #___________ in the amount of $____________.
Capital - Departmental
____ Budgeted under account #______________ for $___________ and described in budget as __________________________________.
Additional amount needed, if any: Increase in budget of $_____________ OR, transfer of $___________ from Account #____________ to Account #_______________
____ Not Budgeted - account #____________ requires budget increase of $_____________.
Capital Project - **THE PRE-PROJECT CHECKLIST AND BUDGET CHECKLIST MUST BE ATTACHED TO THIS FILE**
In current year Capital Projects Plan:
_____ Yes, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________
Body
WHEREAS, the Code of Alabama, 1975, Section 31-9-2(a), allows for declaration of a local State of Emergency if the City warrants; and
WHEREAS; Governor, Kay Ivey has issued an Executive Order declaring a state of emergency in the State of Alabama; and
WHEREAS, the Baldwin County Commission has declared a state of emergency for Baldwin County, Alabama, and
WHEREAS: ALA CODE §31-9-10(1975) provides the power and authority for a political subdivision such as City of Foley to declare a state of local emergency and also, to waive the procedures and formalities otherwise required of political subdivision by law, including but not limited to:
a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community
b. Entering into contracts.
c. Incurring obligations.
d. Utilization of volunteer workers.
e. Rental of Equipment.
f. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities.
g. Appropriation of expenditure of public funds.
h. Refunds of fees and deposits for events cancelled by the City.
WHEREAS, so as not to cause undue delay, the Foley City Council desires to grant emergency powers to the Mayor or Council President should the Mayor not be available to immediately declare a Local State of Emergency to provide adequately for the health, safety, and convenience of the public without delay in the case of a local outbreak of COVID-19 (Coronavirus) as described above.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, WHILE IN SESSION ON THE 16th DAY OF MARCH, 2020 AS FOLLOWS:
Section 1. That the City Council of the City of Foley has determined that if future conditions warrant a local State of Emergency as authorized by the Code of Alabama 1975, Section 31-9-2(a), and as described above, the Mayor or Council President should the Mayor not be available shall have the authority to declare a Local State of Emergency without delay affecting public health, safety, and convenience as existing as defined within the meaning of the Code of Alabama Section 39-2-2(e) as a result of a world wide pandemic or national health crisis.
Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute and attest respectively, during such called State of Emergency periods, as authorized by Code of Alabama 1975, Section 39-2-2(e), all contracts determined by the Mayor to be necessary to meet the State of Emergency without public advertisement.
Section 3. That emergency powers granted to the Mayor or Council President (should the Mayor not be available) will include such emergency powers as an implementation of emergency measures as may become necessary.
Section 4. This resolution shall become effective immediately upon its adoption as required by law.