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Res Emerg D Wilma RESOLUTION NO. D - HURRICANE WILMA 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 Sunday, October 23, 2005 due to Hurricane Wilma. WHEREAS, Hurricane Wilma 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 October 23, 2005 is hereby confirmed. Section 2. Hurricane Wilma has seriously affected the lives and property of the citizens of Delray Beach 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in effect until competent authority declares the state of emergency to be terminated, or this resolution is revised or rescinded. ~ Section 6. This resolution shall take effect at Z:fXJ p.m. on ~, October z:g, 2005. CONFIRMED, APPROVED AND RATIFI~ d'~V_hPr ,2005. MAYOR ATTEST: ~r'. City Clerk ~/P David Harden, City Manager /~ffos- C;;:ooPM.- DatefTime 2 RES.NO.D MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AI CITY MANAGER SUBJECT: AGENDA ITEM # ~N\ - REGULAR MEETING OF NOVEMBER 1. 2005 CONFIRMATION IEMERGENCY RESOLUTIONS DATE: OCTOBER 28, 2005 This is before the Commission to confirm and ratify Emergency Resolutions B (including the revised Resolution B), D and H pursuant to Chapter 95 of the City Code of Ordinances as a result of Hurricane Wilma. Recommend approval of the conflrtnation of the Emergency Resolutions B, D and H. $: \City Clerk\agenda memos \Emergency Resolutions.l1.01.055