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A RESOLUTION DECLARING EMERGENCY POWERS TO THE MAYOR OR COUNCIL PRESIDENT DURING THE RESURGENCE OF COVID-19
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WHEREAS, the Nation is currently experiencing a resurgence of Covid-19 cases, and
WHEREAS, as of July 28, 2021, Baldwin County Alabama has had 286 new cases of Covid-19 bringing the total to 24,499 cases, and
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: 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 the continued resurgence 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 2nd DAY OF AUGUST, 2021 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 the resurgence of COVID-19.
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. That emergency powers granted to the Mayor or Council President (should the Mayor not be available) will automatically rescind in the event the COVID-19 resurgence subsides.
Section 5. This resolution shall become effective immediately upon its adoption as required by law.