Res Emergency D
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RESOLUTION NO. D
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND
PROHIBITING THE SALE OF MERCHANDISE, GOODS OR SERVICES AT MORE
THAN THE AVERAGE RETAIL PRICE.
WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by the City
Manager, David Harden on Thursday, September 2, 2004 due to Hurricane Frances.
WHEREAS, Hurricane Frances threatens the stability, economy and civil order of the City of
Delray Beach and its citizens; and
WHEREAS, charging more than the average retail price under existing conditions is an attempt
to profit from the misfortune of others and can lead to civil strife, to inequities in the distribution of
essential materials such as foodstuffs, ice, fuel, and other vital necessities, and to a greater loss of
the sense of hope and well being so basic to a speedy recovery and restoration of the community;
and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes this
prohibition of the sale of merchandise, goods or services at more than the average retail price during
a state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. A declaration of a State of Emergency proclaimed on Thursday, September 2,2004
is hereby confirmed.
Section 2. Hurricane Frances has and conditions arising therefrom threaten to create
shortages of essential goods and services which are needed to sustain the physical well being,
economic stability and public order of the City of Delray Beach and its citizens.
Section 3. No person or business entity offering goods or services for sale within the City of
Delray Beach shall charge more than the average retail price as defined by Section 95.01 (B),
Chapter 95, Code of Ordinances, during the period of the declared emergency.
Section 4. All violations of the provisions of this resolution shall be subject to prosecution
under Section 95.99 of the Delray Beach Code of Ordinances.
Section 5. The regulation and control of retail prices within the City of Delray Beach shall
remain in effect until competent authority declares the state of emergency to be terminated.
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Section 6. This resolution shall take effect at 2:00 p.~"\n Thursday, September 2,2004.
CONFIRMED, APPROVED AND RATIFIED on this ~ day of ~,.f>. , 2004.
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ATTEST:
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Date/ ime If
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RES. NO. D