HomeMy WebLinkAbout2003-097-08/19/2003-CONSENTING TO THE CONTINUATION OF A LOCAL EMERGENCY PURSUANT TO THE CITY CODE; CONFIRMING THE EMERGE RESOLUTION 2003-097
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONSENTING TO THE CONTINUATION OF A LOCAL
EMERGENCY PURSUANT TO SECTION 2-671(A)(1) OF THE
CODE OF THE CITY OF FORT COLLINS; CONFIRMING THE
EMERGENCY RULES AND REGULATIONS OF THE CITY MANAGER;
AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY
WHEREAS, during July and August, 2003, the City has experienced a rapid escalation in
the incidence of West Nile Virus ("Virus") infection among its citizens as well as animals in the
City, resulting in declarations of emergency by the Larimer County Board of Health and the
Larimer County Department of Health and Environment (the "Health Department"); and
WHEREAS, data gathered by the Health Department clearly demonstrates that the rate of
the Virus human infection in the City and Larimer County is accelerating and will not peak until
late August or early September, 2003; and
WHEREAS, the Virus presents a significant health risk which can and has led to human
meningitis, encephalitis, fever, and paralysis, especially in those who are most vulnerable to
disease; and
WHEREAS, two persons in Latimer County have recently died as a result of the Virus
and numerous other cases of illness related to the Virus have been reported in Larimer County;
and
WHEREAS, on August 12, 2003, the Larimer County Board of Health recommended that
municipalities currently experiencing human Virus disease immediately begin or continue to use
pesticide spraying and expand the use of other control measures to reduce the number of infected
mosquitoes and the risk of Virus transmission; and
WHEREAS, such measures have been shown to be effective in reducing the incidence of
diseases related to the Virus and are called for by the West Nile Virus Response Plan developed
by the City, in conjunction with the Center for Disease Control and the Health Department, in
view of the fact that the level of human outbreak of Virus-related disease has risen to Level VI ,
the highest level of concern under the Plan; and
WHEREAS, in accordance with Section 2-671(a)(1) of the Code of the City of Fort
Collins, on August 18, 2003, the City Manager, acting as the Director of the City's office of
Emergency Management, proclaimed a "local emergency" because of the epidemic level of
virus-related disease in the City and the surrounding community, and the related health threat to
City residents presented by the Virus; and
WHEREAS, the City Council agrees that the City is threatened with and is experiencing
conditions of extreme peril to the safety of persons and property because of the Virus; and
WHEREAS, Section 2-671(a)(1) of the City Code provides that a local emergency
proclaimed by the City Manager shall not be continued or renewed for a period in excess of
seven (7) days without the consent of the City Council; and
WHEREAS, having proclaimed a local emergency, the City Manager has issued
emergency rules and regulations in order to protect the safety of City residents and visitors, a
copy of which rules and regulations is attached hereto and incorporated herein by this reference
as Exhibit "A" (the "Emergency Rules and Regulations"); and
WHEREAS, the purpose of the Emergency Rules and Regulations is to implement the
recommendations of the Health Department by commencing a mosquito spraying operation from
public property and rights-of-way and by commencing a mosquito larviciding operation by
placing larvicide in those ponds, lakes and other water bodies, including those on private
property, that are likely to constitute breeding grounds for mosquitoes that could be infected with
the Virus; and
WHEREAS, Section 2-671(a)(6)(a) of the City Code provides that the emergency rules
and regulations must be confirmed at the earliest practical time by the City Council; and
WHEREAS, the City Manager has requested that the City Council continue the
proclamation of local emergency as established by the City Manager on August 18, 2003,
beyond the seven (7) days automatically authorized to the City Manager under the Code, and that
the City Council confirm the Emergency Rules and Regulations adopted by the City Manager on
August 18, 2003; and
WHEREAS, to achieve an integrated and effective response to the emergency situation
caused by the spread of the Virus in the areas within and surrounding the City, it is necessary to
enter into an intergovernmental agreement with Latimer County for the larviciding operations,
which will occur in both the City and in unincorporated areas of Latimer County near the City;
and
WHEREAS, pursuant to C.R.S. Section 29-1-203(1), the County and the City are
authorized to cooperate with one another to provide any function or service lawfully authorized
to each and are therefore authorized under such statute to enter into the proposed
intergovernmental agreement.
NOW, THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF
FORT COLLINS hereby finds and declares as follows:
1. That the City Council hereby finds that conditions continue to exist which, in the
best interests of the health, safety, and welfare of the citizens of Fort Collins,
warrant the continuation of the previously proclaimed local emergency.
2. That the City Council hereby authorizes, approves, and consents to the continuation
of this local emergency until such time as the City Manager or the City Council
determines that the conditions warranting this local emergency no longer exist.
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3. That the City Council hereby finds that the City Manager's establishment of the
Emergency Rules and Regulations, attached hereto as Exhibit "A" and incorporated
herein by this reference, was necessary in the interest of protecting the life, health,
safety, and property of the Citizens of Fort Collins.
4. That the City Council hereby confirms, ratifies and approves the Emergency Rules
and Regulations, as of the date and time of their establishment by the City Manager.
5. That the City Manager is hereby authorized to enter into an intergovernmental
agreement with Larimer County for the larviciding of ponds, lakes, and other
bodies of water, in substantially the form attached hereto, as Exhibit "B," subject
to such modifications in form or substance as the City Manager, in consultation
with the City Attorney, may deem necessary to effectuate the purposes of this
Resolution or to protect the interests of the City
Passed and adopted at a regular meeting of the City Council held this 19th day of August,
A.D. 2003.
Mayor
ATTEST:
4',�3�
City Clerk
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TO ALL PERSONS TAKE NOTICE:
That for the protection of life, health, safety and property as affected by reason of the West Nile
Virus outbreak of the summer of 2003, which resulted in my declaration of a "local emergency"
under the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the"City") and
which declaration of local emergency was filed with the City Clerk and with the Colorado Division
of Disaster Emergency Services on August 18, 2003, I have hereby established, under the authority
of Sec. 2-671(a)(6)a, the following rules and regulations:
1. Commencing on Wednesday, August 20, 2003, and until further notice, the
City will conduct mosquito spraying operations from City streets, right-of-
ways, and property in those areas of the City deemed to be high risk for the
presence of mosquitoes infected with West Nile Virus.
2. Commencing on Wednesday, August 20, 2003, and until further notice, the
City will conduct mosquito larvicide operations by placing larvicide in those
ponds, lakes, and other water bodies within the City, including those on
private property, that are likely to constitute breeding grounds for mosquitoes
that could be infected with West Nile Virus.
3. The City will work closely with Latimer County and the Latimer County
Department of Health and Environment to(1)identify high risk areas for the
presence of mosquitoes infected with West Nile Virus and those ponds, lakes,
and other water bodies likely to constitute breeding grounds for mosquitoes
that could be infected with West Nile Virus; and (2) ensure the use of
spraying and larviciding techniques that will minimize the risk of health.
4. Nothing in this emergency regulation shall prevent the City from utilizing
such other legal mechanisms as are available to it, including, without
limitation, the Fire Code, the Building Code, Chapter 20, Article I of the City
Code and/or the Uniform Code for abatement in cases of emergency.
DATED this �$+� day of August, A.D. 2003. Qq
?- TnrJGt�.-G--
John F. ischbach, City Manager and Director
of the Office of Emergency Management
EXHIBIT
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