Title
RESCINDING RESOLUTION NO. 3851-09 AND ADOPTING RESOLUTION DECLARING EMERGENCY POWERS TO THE MAYOR OR COUNCIL PRESIDENT DURING TIMES OF, OR ANTICIPATED TIMES OF, HURRICANE OR EMERGENCY WEATHER CONDITIONS
Summary
Description of Topic: (who, what, where, when, why and how much)
RESCINDING RESOLUTION NO. 3851-09 AND ADOPTING RESOLUTION DECLARING EMERGENCY POWERS TO THE MAYOR OR MAYOR PRO-TEM DURING TIMES OF, OR ANTICIPATED TIMES OF, HURRICANE OR EMERGENCY WEATHER CONDITIONS
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, if in the future there is a pending threat of Hurricane or Emergency Weather Conditions which can be expected to cause impairment or loss of various critical public facilities and the inability of the City to provide adequately for the health, safety, and convenience of the public; and
WHEREAS, if there is a need for the City to enter into various public works contracts to affect the repair of critical public facilities and to provide adequately for the health, safety, and convenience of the public without delay; and
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 pending hurricane or emergency weather condition as described above, and
WHEREAS, Resolution No. 3851-09 is outdated and needs to be rescinded and replaced.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, WHILE IN SESSION ON 5th DAY OF SEPTEMBER, 2017 AS FOLLOWS:
Section 1. Rescinds and replaces Resolution No. 3851-09.
Section 2. 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 pending and/or threatening future hurricane.
Section 3. That the Mayor and City Clerk be and they 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 4. 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 curfew and/or other emergency measures as may become necessary in consultation with the Chief of Police and other emergency management personnel.
Section 5. This resolution shall become effective immediately upon its adoption as required by law.